Legal Question in Wills and Trusts in Texas
How to write or ask the judge to appoint an alternate executor.
My brother was named executor of my mother's estate and is trying to be sneaky about it. He did not notify us of who the lawyer was that he hired nor of when the will was going to be probated. We believe that he is not going to do what he should, so how do we go about changing the executor? Do we have to write some kind of motion or just ask?
1 Answer from Attorneys
Re: How to write or ask the judge to appoint an alternate executor.
So far he has done nothing wrong. His obligation is to see that the property passes strictly according to the provisions of the will. He is not obligated to advise you on a daily basis of his actions,including who his lawyer is or when the will is filed. It is his job to micromanage, not yours.
If you have courtroom-quality proof of wrongdoing on his part, then your remedy is to petition the probate court to (1) correct his actions, and (2) replace him with someone more competent or honest.
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