Q: Father died recently left estate to 3 kids. Youngest named executor and the oldest is challenging the executor-ship.
eldest owes estate 400K. Eldest also lives in fathers home (paid for). Eldest is stalling so they do not have to pay and can live indefinitely in house. do we need a lawyer?
A: Yes. Whether in NM or TX, the named executor has no authority until a probate court issues him Letters Testamentary. He can then evict the squatter and sue for unpaid debts.
A: Yes. A person is not officially the executor until the will has been probated by the Probate Court (and the judge officially appoints the executor). You are required to have an attorney with this.
A: It sounds like an attorney is going to be needed. It's unfortunate when siblings are at odds with each other, but it happens. The one named as the executor should start with hiring an attorney. The probate attorney can help direct the process in the right direction.
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