Can I have the executor of my dad’s estate removed?
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Can I have the executor of my dad’s estate removed?
Can the executor of estate make me move out of my deceased fathers house even though we have already settled? It was brought to my attention that I would have to move out of my deceased father’s house when something happens to my mom. However, I have been there for going on 8 years now living with my mother.
Asked on February 18, 2018 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
So as I understand it, your Mom is living and you are living in the house with her. Is the house not your Mother's as well? If they owned it as husband and wife then Mom inherited it when Dad died. That is what is confusing here. Dad's Will needs to be probated NOW and what it says counts. If the Will has been filed then Go down and take a look at it. Make sure that the Probate is complete before Mom passes. Was she perhaps given a life estate? Then there is what is called a "remainderman" who gets the property after she passes. There should be a new deed regardless when Dad's estate is finalized. Once the estate is closed the Executor of Dadn's estate has no power. You need to try and find funds for legal advice there. Good luck.
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