Summary
Your son, as the named executor, has legal duties to perform. If he refuses, you can petition the probate court in Texas to remove him and appoint a new executor. The court generally appoints a close family member, such as yourself, as the executor. However, if no one is available or willing, the court can appoint a professional executor, like a bank or a solicitor. Despite your stepfathers wishes, the probate court in Texas can still appoint you as executor if its in the best interest of the estate. It doesnt mean that youre entitled to any inheritance. In Texas, a felony conviction may disqualify you from serving as an executor. However, the final decision is up to the court. Its advisable to consult with a probate attorney for your specific situation.Full Conversation
My step father passed away and has a will . My son is named executor of the estate but lives in another state . The will needs to be probated for my mother to handle her daily affairs. He refuses to do anything. What can I do. He is in Florida and they lived in Texas
Hello ****,
*. Your son, as the named executor, has legal duties to perform.
*. If he refuses, you can petition the probate court in Texas to remove him and appoint a new executor.
*. This process might require legal assistance.
Feel free to ask for more information.
Who would the court appoint for executor?
The court generally appoints a close family member, such as yourself, as the executor. However, if no one is available or willing, the court can appoint a professional executor, like a bank or a solicitor.
I can't be appointed since in my step father's will he wants me to not have anything in the estate so I can't be appointed right?
Hello ****, despite your stepfather's wishes, the probate court in Texas can still appoint you as executor if it's in the best interest of the estate. It doesn't mean that you're entitled to any inheritance.
I have an extremely old felony. Does that matter?
Hello ****,
In Texas, a felony conviction may disqualify you from serving as an executor. However, the final decision is up to the court. It's advisable to consult with a probate attorney for your specific situation.
Can you tell me how a reverse mortgage works when the borrower has passed away?
Sure, ****. Here's a brief overview:
- The lender must be notified of the borrower's death.
- The estate's executor can decide to sell the home or pay the balance of the reverse mortgage.
- If not settled within a specific timeframe, the lender can foreclose the property.
- Texas law may have specific rules, consult a local attorney.
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