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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 23790
Experience:  B.A.; M.B.A.; J.D.
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Can the executor of a will withhold property until the

Customer Question

Can the executor of a will withhold property until the recipient waive their legal rights in another matter?
JA: What state are they in? It matters because laws vary by location.
Customer: Oregon
JA: What steps have they taken so far?
Customer: They have only asked for the property, which includes files and photographs.
JA: Anything else you want the lawyer to know before I connect you?
Customer: This is in regards ***** ***** rights to property in Texas (oil property)
Submitted: 7 months ago.
Category: Estate Law
Customer: replied 7 months ago.
The recipient is a legal descendant of the descedant
Customer: replied 7 months ago.
The recipient is a legal descendant of the descedent. The descedent owned oil property in Texas and because their will was not probated in Texas is considered intestate. Usually in these cases the property is automatically willed to all legal heirs.
Customer: replied 7 months ago.
The exact words of the executor (except name change)Sxxxx is not in the will and is due nothing whatsoever. As you
are aware since you were copied on the emails and the way Texas law is
structured and the will not being probated in Texas to date, Sxxxx has
decided to take advantage of a technicality and take part of the oil lease
property in Texas despite his mothers clear wishes in the will. Given this
attitude and until it is settled I will not allow any information or
documents to go to him, period. I am not trying to be mean, it is simply the
case that he set the tone.
Customer: replied 7 months ago.
The exact words of the executor (except name change)Sxxxx is not in the will and is due nothing whatsoever. As you
are aware since you were copied on the emails and the way Texas law is
structured and the will not being probated in Texas to date, Sxxxx has
decided to take advantage of a technicality and take part of the oil lease
property in Texas despite his mothers clear wishes in the will. Given this
attitude and until it is settled I will not allow any information or
documents to go to him, period. I am not trying to be mean, it is simply the
case that he set the tone.As a biological son of the descedant Sxxxx is a legal heir by Texas law.
Expert:  Phillips Esq. replied 7 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 7 months ago.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Expert:  Phillips Esq. replied 7 months ago.

Can the executor of a will withhold property until the recipient waive their legal rights in another matter?

Response: The answer is no. The beneficiary could file complaint with the Court to force the Executor to release the property.

Best wishes,

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