What to do if our oldest sister was appointed executor of our mother’s Will but she refuses to have it probated?

She will not inform us as to the money in our mother’s checking and saving account or her credit card debts. However, she has told us to give her our mother’s life insurance money to pay her bills. What rights do I have to see all this information and does the Will have to be probated?

Asked on October 11, 2013 under Estate Planning, Texas

Answers:

Brook Miscoski / Hurr Law Office PC

Answered 7 years ago | Contributor

You seem to be saying that your sister is not only the executor of the will, but also has possession of the original and is refusing to probate it.

In Texas, the custodian of a will has a duty to deliver it to the clerk of the court for probate. If the custodian refuses to do so, an interested person (you or your siblings, it seems) should file a sworn complaint with the court, and the court should force the custodian to deliver the will or give a satisfactory explanation. Be aware that this may result in your sister being arrested and imprisoned if she does not comply.

Your other rights may depend on the contents of the will. If you actually have a copy of the will, you should safeguard it because you may be able to probate that copy if your sister "can't find" the original.

 


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