Q: My mother passed away in the state of Texas, she signed medical POA for my sister and I as second.
My mother did not trust my sister for full POA, before she passed she wanted me to cover the estate, the problem is I do not live in Texas so I couldn't according to Texas law. Now that she has passed the sister is trying to get me to sign a waiver and appoint her administrator, she has been nothing but angry and accusatory when I asked the lawyer questions I was under the impression we were suing for wrongful death together, she would say this was our lawyers until it came time to go over the waiver she didn't want me to ask questions and her lawyer has stopped responding to me since my sister and I had an disagreement over me trying to get more details. She threatened me now that she will go around us (my other siblin) and become administrator anyway. I am glad I did not sign anything I am upset that she would do this, and also not surprised I do not trust her to adminstrate because she has a frontal lobe brain injury and she is also a compulsive liar, what can I do ?
A:
You have two separate issues.
Regarding the probate issue, as an heir at law, you can object to your sister's appointment as the administrator of your mother's estate. If you don't sign the waiver, they'll just serve you. If you don't respond, your sister will be appointed by default. So contact a probate in or near the county where the estate is being probated as soon as possible to file an objection on your behalf.
Regarding the wrongful death issue, all of your mother's heirs must sue in a single wrongful death action. While it will be more efficient if you all use the same personal injury lawyer, you are not required to do so. If there is a legitimate basis for a wrongful death lawsuit, you should all visit together with a personal injury attorney to represent you all in the wrongful death lawsuit.
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