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My Dad recently passed away. His will reads:
"" I appoint my wife, XXX X. XXXXXX my independent executrix. If she
fails to qualify or ceases to act then I appoint my son XXX X. XXXX as
executor.""
My question.....what does the named executor need to do to get
'qualified'? What is the procedure?
If his named executor does not want to be executor, what procedure must
she follow to 'step aside' so that the job of executor then passes to
his son?
This is in the state of Texas.
ka0fpj
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My Dad recently passed away. His will reads:
"" I appoint my wife, XXX X. XXXXXX my independent executrix. If
she
fails to qualify or ceases to act then I appoint my son XXX X. XXXX
as
executor.""
My question.....what does the named executor need to do to get
'qualified'? What is the procedure?
If his named executor does not want to be executor, what procedure
must
she follow to 'step aside' so that the job of executor then passes
to
his son?
This is in the state of Texas.
Your fathers' wife and son are "nominated" by the will to be executor
and executrix. They become the actual executrix or executor when
appointed by the probate court. Whoever wants to be the executor
would start a probate proceeding. The first filing will include a
request that the person be named as executor. If the son files the
probate and wants to be executor, the filing would probably need to
include a letter from the wife saying she doesn't want to be
appointed.
A probate attorney should be contacted, and hired to start that
probate proceeding for you. You can do it without an attorney, but
you would have to learn how, and there is a lot to learn. I've been
an attorney for a long time, and I wouldn't try to do a probate
because of the amount of research that I would have to do to learn
how.
McGyver
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A probate attorney should be contacted, and hired to start that
probate proceeding for you. You can do it without an attorney, but
you would have to learn how, and there is a lot to learn. I've been
an attorney for a long time, and I wouldn't try to do a probate
because of the amount of research that I would have to do to learn
how.
I would suggest that the amount of research needed depends very much on the
nature and complexity of the estate's assets, whether or not the mother and
son are the only heirs, whether or not there are any disputes with other
relatives, and so on. Instead of thinking of "hiring" a probate attorney and
turning over the job to him or her, it would be more advantageous to keep
control yourself and then consult an attorney or attorneys as whatever
complexities and need for their services arise. Expect to pay these
attorneys their usual fees for whatever work they do.
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Don Zimmerman wrote:
McGyver wrote:
A probate attorney should be contacted, and hired to start that probate
proceeding for you. You can do it without an attorney, but you would have
to learn how, and there is a lot to learn. I've been an attorney for a
long time, and I wouldn't try to do a probate because of the amount of
research that I would have to do to learn how.
I would suggest that the amount of research needed depends very much on the
nature and complexity of the estate's assets, whether or not the mother and
son are the only heirs, whether or not there are any disputes with other
relatives, and so on. Instead of thinking of "hiring" a probate attorney
and turning over the job to him or her, it would be more advantageous to
keep control yourself and then consult an attorney or attorneys as whatever
complexities and need for their services arise. Expect to pay these
attorneys their usual fees for whatever work they do.
Expect THE ESTATE to pay these attorneys their usual fees (and Texas has no
statutory fee schedule). The executor gets a percentage (maybe 5%) right off
the top, any outstanding liabilities of the deceased get paid after that, and
the beneficiaries get what's left according to the wishes of the testator
(the dead guy). There is no court supervision in Texas, so the executor
generally has wide discretion in liquidating assests. But if he behaves
irresponsibly in doing so, he can expect a potential lawsuit from the heirs.
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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Expect THE ESTATE to pay these attorneys their usual fees (and Texas has
no
statutory fee schedule). The executor gets a percentage (maybe 5%) right
off
the top, any outstanding liabilities of the deceased get paid after that,
and
Yes, indeed, those are important points to bear in mind. That substantial
executor's fee right off the top is one good reason the OP and/or his mother
should retain control themselves and not turn over the job to a bank or
someone else. I got the impression from the original post that the estate
would not be especially complicated, so there would be no reason to call in
an expert to do the entire job, just hire experts if and when they are
needed and, as you emphasize, pay them from the estate.
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