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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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Mom and dad are gone. Mom died 10/29.16. My sister was over

Customer Question

mom and dad are gone. Mom died 10/29.16. My sister was over her estate. She said she's not paying $1000. to have will probated. She is sitting on my parents money. There are 4 of us and parents said money would be divided equally. what now. She has not talked to me and my brother since funeral. Thank you
JA: What state are you in? It matters because laws vary by location.
Customer: Houston, Texas
JA: Has anything been filed or reported?
Customer: not that I know of
JA: Anything else you want the lawyer to know before I connect you?
Customer: can I even get a copy of the will
Submitted: 5 months ago.
Category: Legal
Expert:  legalgems replied 5 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 5 months ago.

I am very sorry to hear of your loss;

so the will named the sister as executor is that correct?
Is another sibling willing to serve as executor?

Customer: replied 5 months ago.
sister the only executor.
Expert:  legalgems replied 5 months ago.

Thank you;

so even if a will names an executor, that person is not obligated to serve; so another interested party (ie an heir, relative) can petition the court to be appointed as executor and the court will issue them "Letters Testamentary" which allows them to be the representative for the estate.

They can then request the copy of the will, and will have the legal power to gather all of the estate's assets. If an heir or other third party is in possession and won't return them then the executor can sue that person for recovery, requesting attorney fees and costs.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 5 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html