Q: Father passed over 1 yr. His sister is allegedly executor. A will has not been file to date, what are my options.
My father has property located in Angelina and Polk County Texas
A: Your aunt is not technically the executor until the will has gone to court for probate. In order to probate the will, Texas law requires that you have an attorney. If your aunt does not take the will to court for probate soon, then you can initiate the process yourself. I highly recommend talking with a probate attorney in your area to see the most affordable and easiest option to get your father's property transferred to you. I wouldn't wait forever for your aunt to act, because she does not have the same incentive as you to get this done quickly.
Tammy L. Wincott and Nina Whitehurst agree with this answer
A: I agree with the other attorney. Your Aunt may not know that she actually has to go to probate with the will, many people believe that because they were listed in the will that they automatically have the authority to act once the person dies.
A: You don't mention where the Will is, but you need to locate it and have it probated in court. Call me and I'll be glad to do this for you. -Jon
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