QUESTION

Can my older brother act as executor of our mother's estate before the will has been probated? He and my siblings are forcing me to move out now.

Asked on Aug 01st, 2019 on Wills and Probate - Texas
More details to this question:
I am a 54-year old, college-educated woman who is disabled and lived with our mother for 42 years. I was primary caregiver to Mom in hospice the last 5 years before she passed May 19, 2019. My five older siblings were essentially absent the past five years. Our house has been emptied of all but my room, bathroom, kitchen, garage, and patio, and everything, including most of my furniture and belongings, is in a 10x20โ€™ storage unit to which I have no key. They say they plan to sell the house and use that money to find me a place to live, but they are giving me no information. I have been ordered to be out of the house by August 10, but I still have no place to go. I canโ€™t afford a lawyer. Iโ€™ve tried Legal Aid (which rejected my request for help, because I would not tell the receptionist all my siblingsโ€™ names and SS# over the phone). I believe my siblings are all acting outside the law, and Iโ€™m afraid I will be the loser, but I canโ€™t secure legal advice. Iโ€™m scared.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
A will has no legal effect until it is admitted to probate.  An executor has no authority until appointed by a court.  Try Volunteer Legal Services in your area or ask your local Lawyer Referral Service if they have a modest means program.   The executor may be able to evict you -- but only after a court appoints him executor.
Answered on Aug 02nd, 2019 at 6:03 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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