QUESTION
with 2 siblings, one being the executor of the estate, what is the capacity of that executor?
Asked on Jan 21st, 2014 on Trusts and Estates - Texas
More details to this question:
2 sisters are beneficiaries of their late father and mothers estate. The older sister has been named executor. She has threatened to force the younger sister to pay rent for the family house that was left to the sisters 50/50, and the younger sister is currently living in. She has also threatened to sell the house and to take away the payments to the younger sister from the estate. Does she have a legal right to do this just because she is the executor?
1 ANSWER
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Russel L. Robinson
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Because you have stated that your sister is the "executor" I assume there is a will that has been admitted to probate. I also understand that each of you gets 50% of the estate, including the family home. If this is true you have the right to live in the house without having to pay rent. You and your sister are tenants in common under Texas law and each of you is entitled to use the property without having to pay anything for that privilege.
At some point the property in the estate will need to be divided between you and your sister. If the only way to divide the assets of the estate fairly is to sell the house, she can do so.
I do not understand what you are saying about "taking away the payments to the younger sister." If you can clarify that statement I should be able to answer that as well.
Let me know if I can do anything further.
Russel L. Robinson
Answered on Jan 21st, 2014 at 3:22 PM