Legal Question in Wills and Trusts in Texas

Probate of an existing will. There are 3 beneficiaries only. One beneficary is asking to be execitor, because the 2 execitorix's are not physically able to execute the will. If the one beneficary that wants to be execitor hires an attorney to assist with proper and leagal disbursment of the will, to protect his best intrest and the best intrest of the other two. Then the other two parties hire attornies because they do not feel the person is going to act in good faith. Do the other two parties attoney fees come out of the estate money?


Asked on 11/24/09, 5:08 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

If the will is contested, the judge will decide who pays attorneys fees. The executrix has a fiduciary duty to protect the interest of all beneficiciaries. If she fails to do so, she could be personally liable.

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Answered on 11/30/09, 7:52 am


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