Complicated Estate Distribution Issue

[Clarence1234]

Jurisdiction

Texas

In 2020, my father passed away, leaving his estate to me and my two sisters. In his will, he appointed one of my sisters as the executor and requested the estate be split between the three of us. At the time, we verbally agreed to sell the entire property and split the money three ways. However, no formal paperwork was signed or has ever been signed about the estate.

After almost 2 years, she had refused to make any progress or proceed with the probate process. Without our knowledge, she went to probate court a few months ago. After that, she has started doing things to the home that were not agreed or signed off on by me or my sister. In checking records, the probate court has requested an inventory list of all items but has not made a judgement on how it will be split.

At this time, she has told my sister and I that we are legally not allowed on the property, even changing the locks to the entire property. Over the past several weeks, she has been dumping all of my fathers items, including tools, beds, furniture and more on the side of the road for people to pick up for free or for the garbage service to take to the dump. Additionally, she has allowed one of her friends to move into the home without the consent of me or my sister. We are also not receiving any rent or payments related to this tenant. She also took personal items of mine to her home and will not allow me to have them back.

It is important to note that she convinced my father to change over his bank account to her name while he was on his deathbed. Early in the process, she provided us with a bank statement to show how much was in the account and requested that we wait to split the money three ways. Knowing that was a bad idea, I requested my money. She did provide those funds but was angry when I requested it.

Long story, short - I'm looking the estate that my father left to me and my two sisters. One sister is running away with all of it and we don't know how to stop her.

What should I do? How can we stop this? Is a lawyer required or is there another way I can do this without a lawyer?

I appreciate any insight you have. Thank you in advance for reading and providing advice.

 

[army judge]

What should I do? How can we stop this? Is a lawyer required or is there another way I can do this without a lawyer?

Hire an attorney.

Things will only deteriorate further IF you continue to do NOTHING.

 

[zddoodah]

In his will, he appointed one of my sisters as the executor

No. His will nominated her to be executor. It takes a court order to appoint an executor.

At the time, we verbally agreed to sell the entire property and split the money three ways.

What should have happened, after appointment by the court, the executor should have identified and taken possession/control of estate assets, identified estate debt, liquidated assets if and to the extent necessary to pay estate debt, and then distributed whatever is leftover among the heirs. As a general matter, heirs other than the executor don't get a say in how the estate is administered.

Without our knowledge, she went to probate court a few months ago.

You apparently know about it now. How did you learn about it? Were you properly served with paperwork?

After that, she has started doing things to the home that were not agreed or signed off on by me or my sister.

It's not your place to agree or disagree. If the probate court appointed your sister as executor, then it's up to her to handle the administration of the estate within the parameters of the law and the will. If you object to how she's doing things as executor, you can file a petition with the court to seek to have her removed and, if appropriate, surcharged.

In checking records, the probate court has requested an inventory list of all items but has not made a judgement on how it will be split.

I don't know specifics about Texas probate procedure, but what usually happens is that the executor files an inventory and then proceeds to do the things I mentioned above. Once all is said and done, the executor will file a final accounting and request for order concerning distribution. Unless the will has been contested or the executor seeks a distribution that is contrary to the will, that's what the court will order.

At this time, she has told my sister and I that we are legally not allowed on the property, even changing the locks to the entire property.

Changing locks is a bit extreme, but it's not your property, so this is not a legally unreasonable thing to say/do.

she has allowed one of her friends to move into the home without the consent of me or my sister.

Is the friend paying rent?

We are also not receiving any rent or payments related to this tenant.

Nor should "we" be receiving rent. The friend should be paying rent to your sister as executor, and that rent becomes an estate asset. If your sister is not charging rent, then that's a no-no.

It is important to note that she convinced my father to change over his bank account to her name while he was on his deathbed.

Since you said she gave you a share of the money in this account, I don't see why this would be important.

What should I do? How can we stop this? Is a lawyer required or is there another way I can do this without a lawyer?

Since you obviously don't know what to do (much less how to do it), yes, it would be wise at least to consult with a local probate attorney.