jejohn3104
New Member
My mother passed in August. She was a widow, my father passed a number of years ago. Her will is to be read in a couple of weeks, and it distributes her home to my sister, other possessions to myself and siblings. My sister (who will be receiving the home) is the executor and has also been my mothers guardian during her illness preceding her death.
My sister has been paying utilities from my mothers funds for the home since her death, and is stating that anything she does with the home until the probably the end of the year (taxes, insurance, maintenance, changing locks, boarding windows, etc.) will have to be deducted from my mothers funds.
A complication to the distribution of the liquid assets is a criminal charge being brought against our brother who was living with my mother prior to her illness. He is charged by the State of Texas with Misappropriation of Fiduciary Funds (he took funds from her accounts for his own use, and also took funds from a home equity line of credit loan that he had my mother sign for while living with her). My sister states that her lawyer told her that liquid assets could not be distributed due to possible future legal fees and/or because the trial against our brother has not been held yet. She said the the property items in the will can be distributed and I am expecting that those items will be made available after the reading of the will by the lawyer.
My question is... when and how legally does the home become my sisters property and no longer be an expense to my mothers estate? At the time of the reading of the will, as of the date of her death, as of the date that the will was recorded and my sister approved as executor, at any such time my sister chooses to transfer the deed and take ownership???
Thanks for your help with this question.
My sister has been paying utilities from my mothers funds for the home since her death, and is stating that anything she does with the home until the probably the end of the year (taxes, insurance, maintenance, changing locks, boarding windows, etc.) will have to be deducted from my mothers funds.
A complication to the distribution of the liquid assets is a criminal charge being brought against our brother who was living with my mother prior to her illness. He is charged by the State of Texas with Misappropriation of Fiduciary Funds (he took funds from her accounts for his own use, and also took funds from a home equity line of credit loan that he had my mother sign for while living with her). My sister states that her lawyer told her that liquid assets could not be distributed due to possible future legal fees and/or because the trial against our brother has not been held yet. She said the the property items in the will can be distributed and I am expecting that those items will be made available after the reading of the will by the lawyer.
My question is... when and how legally does the home become my sisters property and no longer be an expense to my mothers estate? At the time of the reading of the will, as of the date of her death, as of the date that the will was recorded and my sister approved as executor, at any such time my sister chooses to transfer the deed and take ownership???
Thanks for your help with this question.
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