Q: Can I take the Executor to court if hes not doing things correctly?
The will states that if I contest or attack the will I lose my inheritance. It also states that we can no go to court over the administration of the estate other than all the filings the executor has to file with the court. But can I take the executor to court if hes being fishy about things? He tried to cut me a check before he has even paid off all the debts. He wont give me any details. I just found out that 15 months after he became executor I can request paperwork, if he doesn't produce it within the 60 days is that cause for court? I just want proof that the figures are right. I dont trust him. What are my rights here?
A: Some Wills allow the executor to make distributions before paying all the creditors. You might want to review the Will before concluding that the action was "fishy." If an executor does not provide an accounting, you may hire an attorney to file a Motion for an Order to Show Cause. If the Court issues an Order to Show Cause, the executor can explain to the judge why he or she has not produced the accounting. This may or may not lead to the executor being removed.
A: I will add that there is good Texas Law that establishes that it is not a "will contest" to challenge wrongdoing by the executor. Definitely talk with a probate attorney to see what you can do. If it has been 15 months, it would be a good idea to do the Demand for Accounting.
A: I suggest speaking with a probate attorney regarding your options.
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