I live in Texas. We recently went thru probate for both our parents wills (both died in 2014). My brother was named executor. I have a siste...

Question

I live in Texas. We recently went thru probate for both our parents wills (both died in 2014). My brother was named executor. I have a sister also. If something happens to my brother, to whom does executorship go? I was recently told to his kids, but I'm hoping my sister or I are the next in line.

Answer

Usually the will specifies an alternate to serve. It the will does not then you can go to the probate court handling the estate and file a motion to be named as executor. You will need a lawyer practicing probate law. Probably a good idea to get one familiar with the county.

Answer

Is your brother suffering from a serious illness? If not, he will remain executor until he passes away, and hopefully the estate will be dispersed by then, or until he breaches his fiduciary duty and then, he can be removed if an experienced probate attorney brings an action in the probate court to remove him.

However, if you are asking about a Trust, which may have been created from the Will, that is a different question and a different answer altogether will be given, and the answer will depend on what the Will states. I would recommend you hire a qualified Probate and Trust attorney who can protect your interests and have them look at the Will and the property left when your parent's passed away.

Goldstein & Scopellite, PC has qualified probate attorneys, Trust lawyers, Will attorneys and Estate Planning lawyers available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.