Legal Question in Wills and Trusts in Texas

My brother and I are executors to my mother's will. He is first and I am second in line of responsibilities. My sister is third. If my brother and I resign from this position and allow my sister to become the executor, what happens if she is not able to serve later? Who takes over that role? By the way, my brother is the appointed executor currently for our mother's will which has already gone through probate in Texas and he has the letter of Testament.


Asked on 10/28/11, 7:59 am

1 Answer from Attorneys
Brian Thomas Burdette & Rice PLLC

If the Will runs out of nominated executors, any interested party may petition the Court to appoint a qualified individual. Seems to me that the chances of this happening are pretty slim, since your brother has already been appointed. Most estates in Texas are not particularly drawn out, and you're talking about going through two more executors before the Court would need to appoint someone not named in the Will.

Read more
Answered on 10/28/11, 8:10 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas