Legal Question in Wills and Trusts in Texas

Estate problem

My husband was appoited to his fathers estate by his step brothers. My husband did not know any of the procedures or the how to handle an estate. his attny told him that he can pay himself 20% from the estate checking account; he know finds out from the court that is incorrect along with other expenses that he paid himself ( gas, work on premises) My question is will the court allow him to make monthly payments or will they take other measures for restitution of funds. We are worried! he believed what his attny. told him and know we have this problem. His attny. is not an Estate Attny. can you please let us know what should be our best action, What can we do


Asked on 6/16/09, 9:02 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Estate problem

Be careful. 20% sounds a little rich. The probate statutes have a 5% in and out rule. Your attorney should be able to answer your question, but what your husband can do depends on the type of administration.

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Answered on 6/17/09, 9:29 am


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