Legal Question in Wills and Trusts in Texas

independent excutor

No will, Uncle decided to be independant. Informed that if I contested the will he will cut me out of the estate. There is prior property before marriage and uncle wants to liquidate everything and divide. I am interested in the home my father had prior to marriage. What are my rights?


Asked on 4/11/08, 12:33 pm

1 Answer from Attorneys
Kathryn Perales PMI Oil Tools

Re: independent excutor

Your question is confusing. It looks like your father died. Did he have a will, or did he not? If he had no will, then your uncle cannot be independent unless you agree that he can - the court will supervise the administration of your father's estate. Also, if there is no will, and no "no contest" clause, then your uncle cannot legally cut you out.

You need to contact or go to the court where the probate/administration has been filed, get copies of the filed documents, and figure out what exactly is going on. You will probably need a lawyer to help you. Make sure your lawyer knows that your uncle has mentioned some kind of no contest provision, so that your lawyer can proceed carefully in case this threat has any teeth.

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Answered on 4/11/08, 12:46 pm


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