Q: What can be done if executor refuses to probate will in Texas?
The executor doesn’t want to probate the will because he wants to live in the house of his deceased stepdad. He is not paying the mortgage. All beneficiaries listed in the will want to sell the home to close out the estate. We don’t know what to do.
A: Any of the other beneficiaries can open a probate court and petition the court to be appointed executor. The court does not have to appoint the executor nominated in the will if that person refuses to act. If the person in possession of the will refuses to turn it over to the court, the court can issue an order to that person to turn over the will.
Teri A. Walter and Mike Massey agree with this answer
1 user found this answer helpful
A: Under the lawyer, other beneficiaries would be eligible to file the probate. What is the definition of the executor or personal representative in the probate statute? Does the will name a back up person, if the first is unwilling. Wills only nominate the executor and the court has to affirm it.
1 user found this answer helpful
A: Sadly, some heir become attached to a home or feel that their entitled to live there. You need to get the law involved to change that situation. Hire a probate attorney to help get someone appointed to represent the estate and then the problem can be resolved. It's always tough dealing with people who are stubborn and feel entitled. I'm sorry to hear about your situation.
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.
