If someone dies intestate, that means they died without leaving a will. When that happens in Texas, the law is clear about what happens next. If your parent dies intestate, what happens to the estate will depend on whether your other parent is still alive and was married to your deceased parent at the time of the death. Petition the Probate Court to be the Executor You, another family member, or a person your parent trusted may petition the court and ask to be appointed executor of the estate. The court will then send notices to parties it believes may be interested to give them a chance … [Read more...]
What Are the Responsibilities of An Executor of An Estate?
If you have been named executor or administrator of an estate following the death of a friend or loved one, the law imposes upon you certain responsibilities. Texas law also requires you to be represented by an attorney to guide you to be sure you fulfill your executor duties and to help you as you strive to fulfill the wishes of the decedent. At Springer & Lyle, our estate planning attorneys stand ready to guide you through the complicated legal process of probate. Responsibilities of the Executor of an Estate After the will has been presented to the … [Read more...]
Can an Executor of a Will Be Removed?
Executors of estates can be removed, but not just because disgruntled heirs do not like them. Texas law allows the removal for specific reasons and has an established procedure for making this happen. Some Reasons for Removing an Executor of a Will There are several reasons an executor may be removed. For example, if the executor has: Mismanaged the funds either intentionally such as embezzling, or by negligence. If theft of property is proved, the executor may also be criminally prosecuted.Has a conflict of interest. One court found … [Read more...]