My question involves estate proceedings in the state of: Texas
My sister passed away and her daughter was given independent administratorship for the estate prior to my sister's will being found. Her daughter took out a loan on the properties for personal expense. When my sister's will (notarized) was found, it stated that I was to become the executor of the will. The daughter refused, the matter has gone to court and will be decided by jury trial in November.
I would like my niece to return the amount borrowed and restore the estate since she admitted (in court) she used the money for personal expense. I know this to be a breach of her fiduciary duty. Although I know that I can get my lawyer to send the letter now. However while I believe I have a strong case, I don't want to rock the boat and would rather wait until it is officially decided by the jury.
My questions:
If/when I become the executer of the will, I plan to have my lawyer draft a letter to my niece to restore the estate; how much time do I need give my niece to return the amount borrowed?
What happens if she does not repay the amount in the time given? What repercussions if any does she face?
Thank you
My sister passed away and her daughter was given independent administratorship for the estate prior to my sister's will being found. Her daughter took out a loan on the properties for personal expense. When my sister's will (notarized) was found, it stated that I was to become the executor of the will. The daughter refused, the matter has gone to court and will be decided by jury trial in November.
I would like my niece to return the amount borrowed and restore the estate since she admitted (in court) she used the money for personal expense. I know this to be a breach of her fiduciary duty. Although I know that I can get my lawyer to send the letter now. However while I believe I have a strong case, I don't want to rock the boat and would rather wait until it is officially decided by the jury.
My questions:
If/when I become the executer of the will, I plan to have my lawyer draft a letter to my niece to restore the estate; how much time do I need give my niece to return the amount borrowed?
What happens if she does not repay the amount in the time given? What repercussions if any does she face?
Thank you
Probate Court Procedure: Loan Taken Out of Property That is in Now in Probate
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