Legal Question in Wills and Trusts in Texas

My mother passed away leaving the home here in Texas to myself and my brother. He is the executor of the will. The county records show via the will that both of us are grantee's of the property. He has not contacted me about selling the property or removing any belonging in the property. Can or could he do this without my approval?

I am unable to afford a lawyer at this time so I feel very stuck with this situation. Please help.

Asked on 1/30/12, 11:15 am

1 Answer from Attorneys

Brian Thomas Burdette & Rice PLLC
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Your mother's Will could have been admitted to probate one of two ways. Either in the ordinary course of an administration (where an Executor is appointed,) or as a muniment of title (where no Executor is appointed by the Court.) The muniment proceeding is quite common when there is only real property and no debts. It also results in the Will acting much like a deed, which may have been what you've seen in the county records. If that's the case, your brother is not the executor, as one would never have been appointed.

It's quite important to know whether or not this is a the procedure that was followed. In fact, knowing the proceedings that have already occurred is critical to knowing what your brother can and cannot do. I'd suggest you contact a probate attorney near you to develop the facts a little better. Most attorneys in our field would be willing to offer a free consultation, and gaining a little peace of mind is well worth the time.

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1/30/12, 11:33 am

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