What are the legal responsibilities of an administratrix to disclose estate matters to the heirs?

Question Details:

My father died 03/09. No will. His mother-in-law is asking to be appointed as the the administratrix. If the heirs agree to her appointment, does she have to: 1) keep the split that is referenced in our paperwork by her lawyer, and 2) does she have to reveal all the monies that make up his estate and the bills that are paid from it? We want to make sure she is not able to keep anything unrevealed to us or change the split. This is not a relative of any of the blood relatives. She is the mother of my father's 3rd wife and is acting in her place. She has power of attorney for my father's wife. There are 5 children and a wife. Split was 50% to wife and 50% split between children.

Asked 11/16/2009 under Wills, Trusts, Probate | 615 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

I am sorry for your loss.   When a person dies without a Will - intestate - then the Intestacy statutes of the state will govern the distribution.  The laws in the state are easily obtained on line.  Be are that Texas is a Community Property state and those laws play in to the distribution as well.  You sound skeptikal of everything.  It is a good idea to consult an outside attorney for your own piece of mind before you sign anything. 

It is also possible that one of you becomes a co-Administrator of the estate.  But regardless the Administrator/rix has an obligation to follow the law and to account to the heirs and the court.  If at any time you feel things are not on the up and up then most states have a procedure where you can petition the court for a formal accounting.  You also have a right to look at all paperwork filed. It is public record.

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