My stepfather is the execudor of my mother’s will my mother gave her half of her estate to her kids and the other half to stepfather which he is the execudor there are 110 acres in the estate my mother gave him the power to sell any or all as long as he

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My stepfather is the execudor of my mother’s will my mother gave her half of her estate to her kids and the other half to stepfather which he is the execudor there are 110 acres in the estate my mother gave him the power to sell any or all as long as he

110 acres in estate execudor can sell
any or all as long as he gives half of
the proceeds to kids 2018 he sold 10
acres thru owner finance because he
could not sell by contract because kids
do not want to sell he has not given any
proceeds from the sale to kids will
probated in texas

Asked on August 31, 2019 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The executor is legally obligated to follow the terms of the will and to also honor his "fiduciary duty," or duty of loyalty, to the will's beneficiaries. If the executor does not do so--such as by not distributing the proceeds from the sale of real estate--the beneficiaries can bring a legal action traditionally called an action for "an accounting." This is what is sounds like: a legal action (lawsuit) to make the executor "account for" his actions. if he is found to be violating the terms of the will or his fiduciary duty, the court can order him to do or not do certain things; to return money improperly taken or diverted from the estate  to it; or can replace him as executor. If you wish to explore this option, consult with a probate attorney.


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