Legal Question in Wills and Trusts in Texas
We are not probating the will.It is a negative estate ,but need to change the executor.Can you do that?
Asked on 1/03/12, 2:41 pm
1 Answer from Attorneys
Brian Thomas
Burdette & Rice PLLC
No, and the question isn't if, but why, you might want to do so. If the Will is not going to be probated, then no executor will ever be appointed. Even if you could change the Will -- which you can't -- the change would be of no consequence.
In the event that a creditor attempts to initiate probate proceedings, offering the Will for probate still makes no sense in an insolvent estate. If there are no assets, there will be nothing for the creditor(s) to reach.
Answered on 1/03/12, 2:46 pm