Retain an attorney immediately. It is vital that an experienced probate lawyer review what is going on in this estate as soon as possible. If your facts are correct, he or she will bring this matter to the attention of the probate court, perhaps through a petition to remove the Executor. Good luck to you and your family.
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I would have to agree with Mr. Pankowski. You need to consult with a different attorney in your area who is familiar with probate. That attorney can give you specific advice on how to either deal with the attorney or remove him/her as executor. I concur that quick action is prudent if you have concerns that funds and/or assets are at risk!!!
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I agree with my colleagues that fast action is appropriate. You need to visit with your own attorney immediately, and the quick and free responses here probably won't address all of the concerns that you have. Executors are held to a very high standard in Texas. Our probate courts remove them all the time for improper activities.
You don't mention whether or not you are a nominated successor executor, or even a beneficiary of the Will. These facts may impact your ability to complain about the Executor's acts, since the Court must determine that you have an interest in the Estate before hearing your complaints. All the more reason to sit down with an attorney and learn precisely what rights and options you have.
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Depending on what type and stage of probate is involved and your interest in the estate, you may have a remedy available to address some of these concerns. But you need to discuss the details with an experienced probate attorney who has a copy of the probate filings to date.
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