What are an executor’s rights?

UPDATED: May 5, 2013

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What are an executor’s rights?

My father past away 3 years ago. In his will he left, land, farm equipment and a house in the city. His Will states everything it’s to be split 50/50 between the 2 surviving daughters, my sister and myself. Right after his death I moved into the house in the city. My sister (the executor) demanded while I live in the house I pay the taxes including property/school taxes and homeowner’s insurance. I want to settle the estate because my sister continues to threaten me; she continues to give all sources of excuses why we should wait. We’re having huge arguments; my sister feels she should be the one who decides on what is split 50/50 and what she gets to keep. If I don’t come into an agreement with her, she demands that I move out of the house.

Asked on May 5, 2013 under Estate Planning, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The executor under the laws of all states in this coutnry is required to treat you fairly and honestly and from what you have written, such is not happening. If the Will states everything is split 50/50, then all assets are equally split unless you and your sister agree otherwise in writing. From what you have written, it makes sense that you consult with a Wills and trust attorney to conclude the probate of your father's estate.

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