Legal Question in Wills and Trusts in Texas

Re: Probate wills

The executor of an estate is entitled, at the estate's expense, to hire an attorney to guide the executor through the probate process.��If the

decedent's place of residence was TX, then you would probate the will in the county where he was residing.��That said, it would make things go lot

smoother to have a local attorney guide you through the process.��

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As for the executor's rights and responsibilities, refer to the following list:����

(1) Request a copy of the latest will so that you (the executor) can read over it and understand the decedent's wishes as set forth in the will;

(2) Admit the will for probate;

(3) Collect all of decedent's assets;

(4) Locate and safeguard decedent's business interests, real and personal property, documents;

(5) Inventory all assets and appraisal arrangement;

(6) Represent the estate the estate may have against others, or defend

the estate for claims against it;

(7) Pay valid claims against the estate;

(8) Pay state and/or federal taxes;

(9) Record all receipts and disbursement;

(10) Pay attorney's fees;

(11) Allocate specific bequests and remaining assets.

Now this is only a general overview, as with all such matters I recommend that you should contact a Texas attorney to represent you in your dealings in Texas (as there is not true substitute for having a hired attorney who's places your interest above all others).

Re: Probate wills

You are not under an obligation to probate the will. Anyone with an interest in the estate can have the will entered into probate. If your grandfather lived in Texas, the will properly should be probated in the county where he lived.

If you are named as executor in the will, and you are willing to take on that task, you'll need to have a Texas contact as your agent in Texas.

You can probably handle most of the tasks by email, but you will need a Texas attorney. Preferably one that practices in the county where your grandfather lived.

Re: Probate wills

You should discuss this matter with a lawyer in Texas who practices in the county where your grandfather resided when he passed. A copy of the will should be reviewed by the lawyer and the general nature of the property and claimants should be discussed before you decide what action to take.

My office is between Dallas and Fort Worth. http://www.reasonable-doubt.com