Angleton, 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.

It is not clear to me whether your parents created one will which they both were supposed to sign or two separate wills - one of each of them.  If it's the first RUN to a local estate planning attorney and get it done right.  If its the second and it was not done by an attorney, again RUN to a local estate planning attorney and get it done right.   Second you may be the named executor in the will, but you have absolutely no power to do anything until such time as the will is probated and you are appointed as executor by a probate court.   Finally, most attorney's who are estate planners can arrange for tghe appropriate people to assemble in hospitals or nursing homes to facilitate the execution of wills appropriately under Texas law.  It requires more than just signing it.

The executor must give beneficiaries notice within 60 days of the probate of the Will. See Texas Probate Code 128A. However, the executor is not required to give this notice to a beneficiary who is to inherit less than $2,000 in property under the Will. Contact the county clerk in the appropriate county to see if the Will has been admitted to probate. If it has, and you are supposed to inherit $2,000 or more in property, then you should receive the required notice within 60 days.