Q: My mother recently passed away and my youngest sister is the executor. She has also been the sole power of attorney
since 2016. The will is now in probate and I would like to look at the records of how my moms money was managed, but when I asked my sister, the request was denied. What do I need to do to be able to review the records, not just current estate value, but historical records as well?
A:
With regard to your sister's actions as your mother's agent under the Durable Power of Attorney (that is, while your mother was alive), there is a provision of the Texas Estates Code which allows anyone who would be an heir or beneficiary or who can persuade the court that they have a genuine interest in the principal's (your mother's) well-being to ask the court to examine the actions of the agent (your sister). However, since your mother has already died, this may well not apply.
With regard to your sister's actions as executor of your mother's Will and estate, if you are a beneficiary, 15 months after the court has appointed your sister, you may request an accounting. If that is not produced within 60 days, you may complain to the court.
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