Q: In a will property and house were given to me. Aunt is keeping me from getting it. What can I do?
Aunt is executor if will and house was left to me and my siblings. I left for the military shortly after the dispute began. I have yet to receive anything regarding my behalf of the house. I do not know what legal rights I have to it. She threatened probate court, but I have not heard anything from that as well. I am not physically in Texas at the moment due to military reasons and I don’t know how to begin a case on how to get what is my share. Brother and sister do not want the house, but I do. If a motion in probate has been started without my knowledge is there anything I can do? Aunt has been moving family in and out of the house but I don’t know how to take proper ownership of it. How long do I have to settle this?
A: In Texas a will must be filed and accepted by the Probate Court Judge before anyone can act as an executor or take property. You may call the probate court for the county the property is located in and see if anything has been filed at all. You may be able to file something and request your Aunt come before the Court to show cause as to why she hasn't disbursed the estate. If she is an unfit Executor, you may be able to have her removed.
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