Q: My mother just passed away and I was not in town. Her lawyer told the caregiver to lock up the house and leave.
I am listed as executor of the estate on the copy of the will they gave my mother gave me but have not filed for probate yet. Am I able to go and take care of the house and keep the bills up to date or do I have to wait for probate to start?
A: You'll want to get a Collin County Probate Attorney. Since you are listed as the executor, you need to have a probate lawyer help you get the will probated. Once that's done, you are officially the executor. Once you're the executor, you can handle the estate. The good news is that probate in Collin County Texas is known for being affordable and straightforward.
Teri A. Walter and Steven J. Fromm agree with this answer
A: You have no authority until a court appoints you as executor.
Steven J. Fromm and Teri A. Walter agree with this answer
A:
The short answer is that you must probate the will so that you are officially designated as the executor/executrix of the estate. For example, in PA the will needs to be presented to the Register of Wills along with other required documentation including a Petition for Grant of Letters Testamentary. Once this process is completed, you will receive Letters Testamentary that allow you to act for the estate. Until then, you have no legal power to act for the estate.
It should also be pointed out that due to the pandemic the probate procedures have been changed and made more complicated, so you really need to work an estates attorney to assist you in this process and the overall process of estate administration. For the steps normally required for probate, you could find guidelines by reading Estate & Probate Administration: Do Not Try This On Your Own at https://sjfpc.com/legal-guides/pennsylvania-probate-and-estate-administration/estate-probate-administration-do-not-try-this-on-your-own/
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
