Tornillo, 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.

If your father died without a will, it is possible you can wrap up his affairs with what is known as a small estate affidavit. If his assets were worth $50,000.00 or less (not including his homestead), this simple procedure will allow you to transfer title of his assets to his heirs. I recommend consulting a local attorney for more information about this option.

It depends on why you are changing the name. Since you posted in the estate planning law area, I will assume the original grantee on the deed is deceased. In order to have property taken out of a deceased person's name, that person's will must be submitted to probate (if he or she died with a valid will). If that person died intestate (without a will), there are other ways to handle this problem, namely via a small estate administration or an affidavit of heirship. Please make sure to contact an attorney to have a more in-depth discussion of the property deed in question.