Legal Question in Wills and Trusts in Texas
Executing a Will
My uncle died a couple of weeks ago naming my elderly grandmother who has severe dementia, executor, and my mother executor in the event my gm is unable, which she is. The lawyer has told her she can guide my grandmothers hand when signing over executorship at home, or sign for her, and that they will notarize it as if she had been there. All other relevant parties were in agreement to this, but is it a bad idea? My uncle also has a friend that did a lot for him including writing out bills, and he informed us today that he went and wrote a check out to the lawyer for $2800 to probate the will, but she told me it was my uncles understanding that since he made arrangements for the will to ''payable on death'', that there should be no more money owed to anyone. She didn't know at the time what her responsibilities were, and she handed over all the paperwork and copies of the will, and is not sure now what she should do to make sure everything is taken care of properly. Any advise? Thanks.
1 Answer from Attorneys
Re: Executing a Will
Yes it's a bad idea. You (and your Mother) really need to go talk to a good probate attorney. A lot of what you are saying doesn't really make any sense.