Legal Question in Wills and Trusts in California

My father died almost six years ago. Before he passed away he did not change his will appointing his sister (whom died before him) as executor of his estate. Me and my siblings took care of his bills and filed his taxes, etc. Three years later I began receiving property tax invoices in my name as an owner of his property. At the time of his death we had no knowledge of this property (In Texas) in his name. I have been paying property taxes for about three years. Recently I was notified by a Utility Company that wants to build a utility line through my (dads) property requiring an easement. My questions are:

- Is going through the probate procedure necessary so many years after his death?

- As far as the executor, is that the only person who can legally make decisions on this property? and if so how can another person be appointed as executor?

- Will I be able to make any decisions about and/or receive any payments regarding this easement, selling of the land in Texas etc. without being executor of his estate?

Help with any of these questions would be greatly appreciated. Thank You.


Asked on 5/03/11, 3:14 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You should post this question in the category for Texas lawyers, since the answer to your question really involves interpretation of Texas' law.

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Answered on 5/03/11, 4:22 pm


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