Houston, TX asked in Estate Planning and Probate for Texas

Q: Can an executor of a will change it after the person dies in Texas...

My mothers will made my step father the executor and then it was to be split equally between me and my step sister. After she died he changed the will without my knowledge and totally left me out giving it all to my step sister...not honoring her wishes

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2 Lawyer Answers
Isaac Shutt
Isaac Shutt
Answered
  • Estate Planning Lawyer
  • Richardson, TX
  • Licensed in Texas

A: Absolutely NOT. Only your mother had the power to change her will. There's no such thing as a will being changed by someone else. You should definitely get a probate attorney to represent you, because your stepfather is up to some shenanigans if he thinks he can change a will after your mother's death.

Hunter Reed Sargent
Hunter Reed Sargent
Answered
  • Estate Planning Lawyer
  • Denton, TX
  • Licensed in Texas

A: No, an executor of a will cannot change the terms of the will after the person who made the will (the "testator") has died. The executor's role is to carry out the instructions and wishes of the testator as expressed in the will.

If you believe that the executor has changed the terms of the will without authorization, you may want to consider seeking legal advice from an attorney who specializes in probate law. They can review the details of the situation and advise you on your rights and options.

In Texas, there are legal procedures in place to challenge the validity of a will or the actions of an executor. For example, if you believe that the executor has breached their fiduciary duties or acted improperly, you may be able to file a petition with the court to have the executor removed or to challenge the distribution of the estate.

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