Legal Question in Wills and Trusts in Texas
Attorney guidance
To what depth of instruction is an attorney required to provide an executor of a will? Should the attorney provide a written list of instructions or can they just verbalize how an executor should proceed? Who provides and distributes copies of the will or is it necessary to do this? Is this required to be done in a specified time frame?
1 Answer from Attorneys
Re: Attorney guidance
Obviously an attorney representing an executor/rix should
give the personal representative enough information to
perform the duties incident to the job. There is no requirement
that an attorney give written instructions but many do
since laymen have a tendency to forget some of the specialized
rules applicable to personal representatives of estates.
An executor/rix is not required to provide copies of the will under
which they serve, however it is a very good practice. Copies of the
will inform all the beneficiaries of the entire playing field and help
to forestall questions later on. When a distribution of the will is
made, it generally would be the job of the executor/rix and certainly
would be cheaper than asking the estate's attorney to do it.
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