First time executor with questions about joint decisions and distributions

[_Profligate]

I've just found out that I'm a co-executor, along with my older sister and our cousin, for my mom's estate in Houston. My main question is if we disagree on estate decisions, like selling the family pickup truck, do we all have to agree or can a majority decide? If we can't resolve it ourselves, can one of us go to probate court for help? I've looked up Texas estate rules but can't find a clear answer.

We set up an estate account with about $35,000 from selling Mom's jewelry and other items. The house may net $180,000 after mortgage and closing costs. My sister wants to distribute half the cash now for my nephew's college but our cousin says to wait until final bills are paid after the house sells. I'd like advice on whether partial distributions are allowed before everything is finalized and the steps needed to comply with Texas probate rules.

I know we should talk to the attorney who handled the will but I want a basic understanding first. Can someone explain Texas probate rules that relate to my questions? I'd also like to know the steps to take and risks if a co-executor uses estate funds without approval from the others.

 

[mynameiskelly_90]

I had a similar experience last year when my brother and I handled our dad's estate in Austin. In Texas, co-executors need to make decisions together. One person can't overrule the others unless the will says so. If you don't agree, anyone can ask the court for help, but you'll need to fill out forms and let everyone involved know. Using estate money without the others saying yes can cause legal problems. It's best to talk to your lawyer before doing anything big.

 

[Mikael.RFP]

I've just found out that I'm a co-executor, along with my older sister and our cousin, for my mom's estate in Houston. My main question is if we disagree on estate decisions, like selling the family pickup truck, do we all have to agree or can a majority decide? If we can't resolve it ourselves, can one of us go to probate court for help? I've looked up Texas estate rules but can't find a clear answer.

We set up an estate account with about $35,000 from selling Mom's jewelry and other items. The house may net $180,000 after mortgage and closing costs. My sister wants to distribute half the cash now for my nephew's college but our cousin says to wait until final bills are paid after the house sells. I'd like advice on whether partial distributions are allowed before everything is finalized and the steps needed to comply with Texas probate rules.

I know we should talk to the attorney who handled the will but I want a basic understanding first. Can someone explain Texas probate rules that relate to my questions? I'd also like to know the steps to take and risks if a co-executor uses estate funds without approval from the others.

I agree with @mynameiskelly_90. In Texas, co-executors must act jointly. Disagreements, especially over significant assets, need a unanimous decision. If you can't agree, any of you can petition the probate court for a resolution. I also agree with your cousin's advice. It's best to settle all debts and expenses before distributing assets to beneficiaries to avoid any risks. If an unexpected debt appears later, the executors could be personally liable. Remember, you have a fiduciary duty to the estate. Using funds without approval is a serious breach. The other co-executors or a beneficiary can sue you, and a judge could remove you and hold you personally liable. The best next step is to really meet with your attorney to get a clear, legal path forward.

 

[_Profligate]

The risks of early distributions and possible personal liability show that my cousin is right to be careful. Thanks to the advice from this community, we plan to meet with our attorney next week to create a formal plan.