Boerne, TX asked in Estate Planning and Probate for Texas

Q: Can an executrix delay assigning a deed in order to maintain control of the property?

My mother died one year ago and named my oldest sister as executrix. There are no debts and three properties. One has been sold, one is on the market, and the third my two sisters and I intend to keep. My youngest sister and I do not agree with the executrix on the management of the property. The executrix has stated in a letter to us that she hesitates to put our names on the deed because she is afraid we won't pay our share of the bills.

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2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Take the letter to a local probate attorney and ask him to move for the court to intervene.

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: I agree with the lawyer below. The Executor has a fiduciary duty to act and it sounds like they may be failing to do so.

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