Lewisville, TX asked in Probate for Texas

Q: executor is planning estate distribution before will is probated. can they do this?

Eldest of six siblings is named executor in will & lives in another state. Is talking with each of us individually by phone, showing partiality to 1 or 2 over the others. Has not met with attorney that drew up mother's will. Is following advice of younger sister (1 of the heirs showing partiality to). Told me she would divide up personal property, sell house, pay off debts, THEN have will probated. Isn't this illegal? Also refuses to give name of mother's attorney or share copy of the will with heirs (only the 2 she's being partial to). I need help to protest her actions, but only have social security disability income & cannot afford large legal fees. Please advise.

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1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: A named person in as will as executor is not authorized to officially act as one until such time the will is probated with the courts and the Court grants permission. If you believe they are acting inappropriately you may want to consider theft charges or other civil action; again, as they have no authority to touch anything. I wish you the best.

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