Lubbock, TX asked in Civil Litigation, Estate Planning, Real Estate Law and Small Claims for Texas

Q: CAN I TAKE THE EXECUTER OF ESTATE AWAY FROM HIM? HOW DO I DO IT. CAN THEY SELL HOUSE WITHOUT MY PERMISSION?

IN FEB. OF 2016 MY MOTHER ASKED ME TO COME STAY WITH HER TO HELP CARE FOR MY STEPDAD WHO WAS ON HOSPICE AND HAD ONLY A FEW WEEKS LEFT TO LIVE .MY 4 BROTHERS ALSO AGREED..SHORTLY AFTER MY STEPDAD DIED MY MOTHER WAS ALSO DIAGNOSED WITH CANCER SO SHE ASKED ME TO MOVE IN INDEFINETLY. SO I PACKED UP LEFT MY APT..SOLD AND GAVE AWAY ALL THE STUFF I WAS NO LONGER GOING TO NEED AND MOVED IN..MY BROTHERS ALSO HAD NO PROBLEM WITH IT UNTIL MY MOM PASSED AWAY.JUST HOURS AFTER PASSING MY BROTHERS CAME TO TELL ME THAT I WASNT ANYBODY THAT I HAD TO MOVE OUT. ONE OF MY BROTHERS MADE HIMSELF EXECUTER OF MY MOMS ESTATE AND TOOK WHAT HE WANTED..THEY DESTROYED AND THREW AWAY ALL MY CLOTHES SHOES AND PERSONAL BELONGINGS. THEY VANDALIZED MY CARS AND PUNCHED ONE OF MY DAUGHTERS IN THE FACE FOR DEFENDING ME. THE POLICE WERE CALLED SEVERAL TIMES BUT DID NOTHING BUT LAUGH AT US..I AM DISABLED AND LIVE ON A MONTHLY CHECK.THEY ALL HAVE GOOD JOBS AND OWN THEIR HOMES SO IT WAS EASY FOR THEM TO GET ATTORNEY.

1 Lawyer Answer
Tammy Lyn Wincott
Tammy Lyn Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: One can't just make themselves Executor of an estate without actually going to Court and asking the Court's permission to do so. If there has been no petition to the Court then that is where everything starts.

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