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.
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.
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.
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