What to do if one of the co-executors of our mother’s Will is refusing to move out of the home which is bequeathed to the 3 of us?

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What to do if one of the co-executors of our mother’s Will is refusing to move out of the home which is bequeathed to the 3 of us?

He refuses to respond to all of our efforts to communicate with him. He supposedly had the will probated but refuses to give us a copy of the Letter of Probate. These delay tactics have gone on for 8 months. What legal recourse do we have to proceed with the execution of our mother’s Will?

Asked on November 5, 2013 under Estate Planning, Texas

Answers:

Brook Miscoski / Hurr Law Office PC

Answered 7 years ago | Contributor

Go to your county clerk (the probate clerk) and ask for the records on your mother's will. If it's probated, you'll be able to find it. If it's not probated, file an action to require the custodian of the will (I assume the executor) to probate the will.

If the will has been probated and the executor is just dragging his feet, you can file an action to require the executor to get on with things.

However, you should keep in mind a few facts:

(1) The executor is still under the 2 year limit;

(2) Depending on who the executor is, he may have some rights. For instance, if the co-executor was your mother's husband, and the home was community property (Texas is a community property state), he would probably have a "homestead" or "life estate" in the home. In somewhat simple terms, that would mean that it's his right to possess and use the home as long as he wants. An attorney would be able to help you determine if that is the situation.


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