Executive of Will
My mother died 3 years ago and I was named Executive of the estate. She left a will that stated her property would be divided up 50/50 between me and my sister. We are now at the point of selling the property and my sisters health is poor and she has stated that her plans are to leave her 50% to one of her daughters (my neice) if she passes before we complete a sale. So, my question is...does that make the property 50/50 with me and my neice, or by being executor, would I have more rights seeing that my sister had passed? Could I sell it on my own, or would I still have to coordinate everything through my neice?
1 Answer from Attorneys
Re: Executive of Will
It depends on the contents of the will and whether your mother left the property to you and your sister per stirpes or per capita. Your sister should have a will of her own so that her wishes are carried out. A mere verbal declaration of intention carries no legal weight and if she dies without a will her estate will be distributed according to Texas law.
Related Questions & Answers
Willed property with several owners Father died and had home he owned with previous... Asked 9/03/06, 8:46 pm in United States Texas Probate, Trusts, Wills & Estates
Payable on death help My father left several certificate of deposits with me as the... Asked 9/01/06, 9:42 am in United States Texas Probate, Trusts, Wills & Estates
Rights guaranteed by terms of a will my mother's will states that I may live in her... Asked 8/31/06, 9:11 am in United States Texas Probate, Trusts, Wills & Estates
Ex living in home owned by ex-wife I recently ask a question which was answered. I... Asked 8/31/06, 7:25 am in United States Texas Probate, Trusts, Wills & Estates
Minimum amount to go to Probate Almost all of my parents assets were in the name of... Asked 8/30/06, 2:54 pm in United States Texas Probate, Trusts, Wills & Estates