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Questions Answered by Mike Massey
3 Answers | Asked in Estate Planning for Texas on
Q: Can I become executor of estate sell it and then give them their share later? Or what should I do next to take of this?

My mother recently died. She and I were owned property together. Since we purchased the property we each got married. She was separated from her husband for the past three years but never got divorced. I have 2 brothers we are not her husband's children and 1 of my brothers is in prison in a... Read more »

Mike Massey
Mike Massey answered on Apr 22, 2021

Without a Will, you'll need to do an administration of the estate. The court will appoint an administrator, and then the administrator will have the power to sell the property and distribute the assets. Many people in Texas think that because they're the rightful heir or next of kin,... Read more »

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: What can be done if executor refuses to probate will in Texas?

The executor doesn’t want to probate the will because he wants to live in the house of his deceased stepdad. He is not paying the mortgage. All beneficiaries listed in the will want to sell the home to close out the estate. We don’t know what to do.

Mike Massey
Mike Massey answered on Apr 22, 2021

Sadly, some heir become attached to a home or feel that their entitled to live there. You need to get the law involved to change that situation. Hire a probate attorney to help get someone appointed to represent the estate and then the problem can be resolved. It's always tough dealing with... Read more »

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2 Answers | Asked in Estate Planning for Texas on
Q: My daughter was left something in her grandfather's will. The will specified that recipients must be 25 years of age.

If recipients are under age 25, their portion goes into a trust. In the state of Texas, is there a way she can receive her part earlier.

? She is 21 years old.

Mike Massey
Mike Massey answered on Apr 22, 2021

A will that creates a trust post death is said to create a testamentary trust. A testamentary trust is irrevocable and cannot be changed. The terms of that trust will dictate how distributions can be made. Often the trust will allow the trustee to make distributions based on an annual percentage,... Read more »

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