Probate is the legal process of distributing a deceased person’s assets to their beneficiaries. It can be a confusing and stressful time for beneficiaries, especially if the executor of the estate is not communicating or acting in their best interest. This blog post will explore a case study of a beneficiary seeking assets from their father’s estate in Texas probate law.
Background
The individual in question is a beneficiary of their father’s estate, which went through probate from October 10, 2018 to April 12, 2019. The individual claims that they never received any paperwork from their older brother, who is the executor of the estate, including an inventory list. They also state that their brother sold one of the homes and they never received paperwork for it, only receiving a minimal check in December 2019. The remaining property in question is located in Harris County, Texas and includes an additional taxed extra lot next door to the home. The older brother has reportedly moved into the home and taken it over as his own. The individual currently resides out of state.
Issues
Lack of Communication and Transparency from the Executor
One of the biggest issues in this case is the lack of communication and transparency from the executor. The individual claims that they have not received any paperwork from their older brother regarding the estate, including an inventory list. This lack of communication and transparency can make it difficult for the beneficiary to understand the distribution of the assets and ensure that they are receiving their fair share.
In Texas, the executor of an estate is required to provide an inventory of the assets and liabilities of the estate to the court within 90 days of being appointed. The inventory should include a description of the assets, their value, and any liabilities. The beneficiaries are entitled to receive a copy of the inventory and can request one from the executor. If the executor fails to provide an inventory, they can be held in contempt of court.
Illegal Sale of Property
Another issue in this case is the alleged illegal sale of property. The individual claims that their older brother sold one of the homes without their knowledge or consent. In Texas, the sale of property during probate must be approved by the court and all beneficiaries must be notified of the sale. The executor must file a petition with the court outlining the terms of the sale and the court must approve it. If the sale was not approved by the court or the beneficiary was not notified, it may be considered an illegal sale.
If the sale was illegal, the individual can take legal action to have the sale undone and the property returned to the estate. They can file a motion with the court to set aside the sale and request that the executor be held in contempt of court for failing to follow the proper procedures.
Possession of Property by the Executor
The older brother has reportedly moved into the home and taken it over as his own. In Texas, the executor of an estate is not permitted to take possession of property for their own benefit. The executor’s duty is to preserve and protect the assets of the estate until they can be distributed to the beneficiaries. If the older brother is found to be in possession of the property for his own benefit, it may be considered a breach of his fiduciary duty as executor.
Inadequate Distribution of Assets
The individual claims that they received only a minimal check in December 2019. This suggests that the distribution of assets may not have been fair and equitable among all beneficiaries. In Texas, the executor is required to distribute the assets of the estate as soon as possible and in accordance with the will or the laws of intestacy. If the distribution is not fair and equitable, the beneficiaries can seek a fair distribution of assets through the court.
Potential Solutions
Request for an Accounting
The individual can request an accounting from the executor to understand the distribution of assets and ensure that they are receiving their fair share. An accounting is a detailed report of the assets and liabilities of the estate, as well as all transactions made by the executor. The executor is required to provide an accounting to the beneficiaries upon request. If the accounting shows that the distribution of assets is not fair and equitable, the individual can take legal action to seek a fair distribution.
Legal Action for Illegal Sale of Property
If the sale of the home was illegal, the individual can take legal action to have the sale undone and the property returned to the estate. They can file a motion with the court to set aside the sale and request that the executor be held in contempt of court for failing to follow the proper procedures.
Remove Executor
If the executor is found to be in breach of their fiduciary duty, the individual can petition the court to remove them as executor and appoint a new executor. A new executor can ensure that the assets are distributed fairly and that the beneficiaries are kept informed of the estate’s progress.
Seek a fair distribution of assets
If the distribution of assets is found to be inadequate, the individual can seek a fair distribution of assets through the court. The court can order the executor to distribute the assets in a fair and equitable manner.
Conclusion
Probate can be a confusing and stressful process for beneficiaries, especially if the executor is not communicating or acting in their best interest. In this case study, the individual has several legal options available to them to ensure that they receive their fair share of the assets from the estate. They should consult with an experienced probate attorney to understand the specific laws and procedures in Texas and determine the best course of action. It’s important for beneficiaries to be informed of their rights and to take action if they believe that the executor is not fulfilling their duties.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. It is important to consult with a qualified attorney for legal advice specific to your individual situation.
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