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Removing Executor of Will?

2,937 Views | 9 Replies | Last: 4 yr ago by 91AggieLawyer
Quinn
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Joe Exotic
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I was the executor of my mother's will when she passed last year. I believe my attorney told me I had 4 years to act on the will/probate until I was in violation of my role.
P.H. Dexippus
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Talk to a probate attorney. I've worked with Denyse for 10 years, she's good at what she does, has a current Ag. https://www.texasbar.com/AM/Template.cfm?Section=Find_A_Lawyer&template=/Customsource/MemberDirectory/MemberDirectoryDetail.cfm&ContactID=298235
"[When I was a kid,] I wanted to be a pirate. Thank God no one took me seriously and scheduled me for eye removal and peg leg surgery."- Bill Maher
Ribeye-Rare
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Quinn,

Have you seen a copy of the will yet?

In many cases, there will be language appointing an alternate executor should the primary executor be unable or unwilling to serve.

If such language exists, and if the primary truly does not want to serve (and will sign a sworn statement attesting to that fact), you should be able to open a probate with the alternate as executor (provided the alternate is willing to serve).
Quinn
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WaynerAg03
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From my experience briefly looking into a similar situation, it is a much easier process if the alternative person is already mentioned in the will. Otherwise, it can be done, but you have to have sign off from all living descendants.

And yes, I recall something about they have 4 years to act on as well. Which can seem like an eternity.

Best of luck!
mwm
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Get with board certified probate attorney asap. Don't try to do this yourself.
Quinn
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2wealfth Man
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Lesson here for those writing wills; really think about who you are appointing to these roles.
Bonfire97
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Quinn, ask your lawyer about the possibility of starting the probate process yourself if the Executor is holding off. Depending on your circumstances, it might be possible. Below is the section of the code dealing with that. In my case, I am a beneficiary of the Will so I am considered an "interested person". Sounds like you may have a similar situation. I am sure your lawyer could advise you on whether or not this is possible in your situation. I just found this out from my lawyer. But, disclaimer, I am not qualified to provide any legal advise. Just trying to let you know what I found out as a suggestion to discuss with your lawyer.

Sec. 256.051. Eligible Applicants for Probate of Will.
(a) An executor named in a will, an administrator designated as authorized under Section 254.006, an independent administrator designated by all of the distributees of the decedent under Section 401.002(b), or an interested person may file an application with the court for an order admitting a will to probate, whether the will is:
(1) in the applicant's possession or not;
(2) lost;
(3) destroyed; or
(4) outside of this state.
(b) An application for the probate of a will may be combined with an application for the appointment of an executor or administrator. A person interested in either the probate or the appointment may apply for both.
91AggieLawyer
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The simple answer is hire an attorney. You will be spending a great deal more time and money trying to do things yourself and you will miss key things. Probate is difficult even for attorneys that practice in that area. Its damn near impossible for non-attorneys. Don't screw around here.

I don't do probate work any more. Its actually worse than family law. Its like family law with money being the sole factory. It is also so easy to screw up royally and one of the few areas of law where everything could be done correctly and still be a mess. Oh, and Texas probate laws, while they've made some progress, are so archaic, its beyond stupid.
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