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?

UPDATED: Nov 5, 2013

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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


Brook Miscoski / Hurr Law Office PC

Answered 9 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.

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.

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