It has become evident that my sister, who is also the executor, took most of my late mother's savings before her death. What can I do?

Q: My mother died in August. Her will was probated in November and gives her property to her three children equally. However, it has become evident that my sister, who is also the executor, took most of my mother's savings before her death. Some of the money was used to buy her son a house. What can we do to get back what she took? The probate attorney that my sister hired won't talk to me and says my sister is their client even though she used my mother’s funds to pay them.

A: You need to hire an attorney who specializes in probate litigation.

That attorney can help you determine whether your sister acted within her rights when she took your mother's money. There is a chance your mother had signed a power of attorney naming your sister as agent and giving her the power to make unlimited and unrestricted large gifts of property to herself and her son.

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It may be possible to recover some or all of the money she took if your sister did not have a broad gifting power.

Q: My sister owns a home with a homestead exemption. She recently moved to a senior living community where she pays monthly rent. She changed her address with her banks and credit card companies. She wants to file a change of address notice with the post office for any incidental mail, but a Realtor she knows told her that doing that could cause her to lose her homestead exemption if the appraisal district were to find out. Is this a possibility? She has no plans to sell her home, as she often returns for a few days' visit.

A: Under Texas law, your sister may move away from her home and continue to receive the homestead exemption as long as she does not establish a principal residence somewhere else, she intends to return to the home and she is away for less than two years.

It would seem that your sister could make a very good argument to the appraisal district that she should not be denied the homestead exemption. Many people own or rent second homes, and they probably get mail at these second homes as well. The fact that your sister returns often arguably shows an intent to return, and she is never away for two years.

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The Realtor may possibly be correct that forwarding her mail could cause a problem. That is unclear. Since your sister returns home often, she could simply check the mail each time she is there rather than forward it to the other address.

The information in this column is intended to provide a general understanding of the law, not legal advice. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to: stateyourcase@lipmanpc.com.