Legal Question in Criminal Law in Texas

Will Executor wants gifts back

My wife's father passed away. His will said his 89 year old sister is the executor. The sister gave some cash and a ring to my wife that belonged to my wife's father for making all the final arrangements and paying for the funeral. The sister now wants the gifts back and is threatening to take legal action to get them back claiming theft. My wife does not want to give back the gifts.

My question is should my wife be concerned? The sister has had one of her local police officers telephone interview my wife and no action was taken. My wife and I live in another town. A month later the sister has another local police officer call for more information. The sister is calling my wife and making threats to send my wife to jail and she has a lawyer working towards that event.


Asked on 2/01/09, 12:01 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Will Executor wants gifts back

Your wife needs a lawyer, to determine what is going on here. This makes no sense, that the sister acknowledges that she gave the items to your wife, yet now claims they were stolen. As the executor of the estate, the sister has the responsibility to inventory the estate, pay the bills, and distribute the assets, according to the terms of the will. The sister may be covering up for making disbursements she should not have made. In no event does it sound like a criminal matter.

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Answered on 2/07/09, 10:59 am


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