Plano, TX asked in Real Estate Law, Estate Planning and Probate for Texas

Q: My estranged brother sent me a text giving me 5 business days to send him a copy of my mother's will in which she has

named me executor and sole beneficiary. I understand I do not have to show him this will until I have been appointed by the court, however, should I respond to his text? Would a response show that I am agreeing to text communication with him?

2 Lawyer Answers
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Your question does not state whether or not, anyone has filed to Probate, your mother's Will.

If he has filed it, you better get busy and submit a filing of your own. You should not wait.

You are correct, if you are named as Executor, you have control. But you must file soon. Time goes by fast in the legal world.

Texas has particular rules of service. Once you file the Will to be probated, you will be required to send notice to all of your siblings, and anyone mentioned in the Will.

Being an Executor is an important obligation. Please be diligent in your management of the same.

You should get an attorney involved before you contact anyone regarding the Estate business.

I hope this helps.

Good Luck

John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Why not just send him a copy of the will?

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.