Texas Probate Issue-separate property

This is a discussion on Texas Probate Issue-separate property within the Wills, Trusts, Estates forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My Mom passed away. My step father is an attorney & wrote her will saying that he must move from ...

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Old Aug 4th, 2009, 12:05 PM   #1
sassimimi
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Default Texas Probate Issue-separate property

My Mom passed away. My step father is an attorney & wrote her will saying that he must move from the house if he remarries. He has informed us he is marrying the woman he was seeing before Mom died. Also, he is her executor. He has stated he is not moving & does not have to. He filed a Quitclaim deed in 2008 disclaiming all right, title & community interest in the property that she owned. Also, he has not filed any inventory with the court. He is selling off her assets when her will was very specific about who got what. It did not provide for him to sell anything!
Question-can he stay in the house even tho he wrote the will, was her attorney, & filed the quit claim 9 months before her death?
Question-can we have him removed as executor because he is selling assets when they were left to others?
Question-if he can live in the house what about the woman he is marrying, can we kick her out? Can we stop her from living there?
Question-they are doing things to the property that is devaluing it. Can we stop that?
Question-he owed Mom $ & had signed a note that he did. The $ came from a loan against her seperate stock account. He took $ that was bequethed to us & paid the note to free up the stock & sold the stock. We did not get our $. Can we have him removed for breach of fiduciary responsibilty. He refuses to account for her $ to us. He also kept her new car claiming that it is his when it was paid for from her separate property.
Additionally, she had a no contest clause. Does his actions constitute a contesting of the will? Can we remove him as executor & heir for that?
Remember, he is an attorney & he wrote the will like this for her.
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Old Aug 6th, 2009, 10:30 AM   #2
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Default Re: Texas Probate Issue-separate property

It is highly unusual for a husband to be both a beneficiary and an executor of his wife's estate.

I would get to an attorney's office pronto. Something is very alarming about this man's actions.

Hire an attorney today. Don't wait. Take all the information you provided here to your new attorney. It appears your mother's husband is a shyster.

My condolences for your loss.
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