Can I have the executor of my dad’s estate removed?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I have the executor of my dad’s estate removed?

Can the executor of estate make me move out of my deceased fathers house even though we have already settled? It was brought to my attention that I would have to move out of my deceased father’s house when something happens to my mom. However, I have been there for going on 8 years now living with my mother.

Asked on February 18, 2018 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So as I understand it, your Mom is living and you are living in the house with her.  Is the house not your Mother's as well?  If they owned it as husband and wife then Mom inherited it when Dad died.   That is what is confusing here.  Dad's Will needs to be probated NOW and what it says counts.  If the Will has been filed then Go down and take a look at it.  Make sure that the Probate is complete before Mom passes.  Was she perhaps given a life estate?  Then there is what is called a "remainderman" who gets the property after she passes.  There should be a new deed regardless when Dad's estate is finalized.  Once the estate is closed the Executor of Dadn's estate has no power.  You need to try and find funds for legal advice there.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption