El Paso, TX asked in Estate Planning for Texas

Q: Does the executor of a Will have absolute power on estate management even though my name is mentioned on Will too?

Brother is executor of Will but Will stated that all assets be split evenly between us. Now he is deciding on how to handle assets and selling properties (at way below market value) on his own with disregard to my input.

Related Topics:
1 Lawyer Answer

A: If the Will provides for an independent administration, then yes, he can manage the estate as he sees fit. However, he still owes a fiduciary duty to the heirs. This means that he can't steal estate assets, nor can he self deal.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.