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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55449
Experience:  29 years of experience practicing law, including tax and estate planning.
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My father recently died in Texas. He had a will from when he

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My father recently died in Texas. He had a will from when he lived in Florida in which he gives to all his five children the same sum of money. My older brother, whom my father lived with in Texas, is the executor. He had power of attorney while my father was alive. He has placed on the financial assets of my father's banks accounts into his account.He claims that he will write out checks himself to each beneficiery but we are beginning to doubt his veracity as over three months has now passed. What recourse do the other heir have ? HE did not go through any probate court in Texas,. He told us it was unnecessary.
What should we do and how long is an appropriate time to wait for him to execute this will?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. As the named executor of the will, your brother should file the will with the probate court within 30 days of death. Until that time, no one has any authority to do anything with your father's assets. The power of attorney granted your brother terminated automatically upon his death. This estate and its assets are not your brother's personal piggy bank. If he failed to file the will with the probate court, you can file your own petition with the court asking the court to order it produced and file. The court will then order your brother to produce it and if he does not, he will be held in contempt of court and subject to civil and/or criminal sanctions. Once administration begins, the executor has a fiduciary duty to each beneficiary; as party of that fiduciary duty, each beneficiary is entitled to a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. A typical estate, presuming no unusual complexity can be completed with 6-9 months of the date of death. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate, you can file to have the executor removed for breach of fiduciary duty. If there is any misappropriation of estate assets, you can also ask the court to award actual and punitive damages against the executor.

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