Barstow, TX Estate Planning Law Firms & Lawyers

This question is a bit confusing. An executor who is not fulfilling his duties can be removed by filing a motion in the probate court handling the case detailing the reasons for the executor?s removal. The motion can be brought as long as the case has not been closed. If you are asking is there a statute that requires an executor to be removed for failure to perform his duties for some period, it works a little differently. The executor can not be removed for two years in order to give the executor time to get the estate together and figure out what to do. After that it is up to the beneficiaries to ask for removal if the executor is not working. If the question is whether a statute of limitations has passed to complain about the behavior, it depends on the specific behavior and the action you wish to take. For example, fraud actions can only be brought 2 years after the person becomes aware that they have been defrauded.

Write out your wishes in your own writing, date it and sign it, and you are done. Make sure that everyone knows where to find your Will in the event of your death. (This is not the BEST way to make a Will.) It is the cheapest, however. An attorney can advise you as to whether there are better planning tools available for you. Many people prefer to avoid probate, for example, and you cannot do that with a Will.

If the Will meets the other requirements and is witnessed by two disinterested persons, of which you can locate one to sign an appropriate affidavit, the Will may be valid. If it is not witnessed and is solely in her own handwriting, and the will is dated, signed and sets froth that it intends to dispose of her property upon her death, it may be valid as a holographic Will. You should probably speak with an attorney and have the Will reviewed.