When an individual is named the executor or executrix of an estate, that person has many responsibilities. Mainly, the executor must ensure that the estate is distributed in the manner that the deceased individual desired. Therefore, Texas residents may want to take care when estate planning and appointing executors to their estates and understand that complications could potentially arise.
First of all, as with any situation in which a person is being given great responsibility, it is important that the appointed party is trustworthy. Because the handling of an estate deals with finances and property, an untrustworthy person could easily attempt to give him or herself certain advantages when it comes to distributing the estate. It is also important that the executor is able to take on a considerable workload. There are many tasks that must be addressed after a person's passing, and any missteps could lead to problems.
Additionally, even if an individual names an executor, there is a change that the person may not be considered fit by the court. The court may also step in an name an executor if there are too many conflicts among the surviving family. On a similar note, an individual could petition the court in attempts to be named the executor.
Ensuring that a deceased loved one's wishes are carried out is often the hope of many surviving family members. When there are disagreements pertaining to the executor or the estate in general, there is a possibility that litigation could take place. In such cases, Texas residents may wish to consult with experienced estate planning attorneys who may be able to help guide parties through the process.
Source: fosters.com, "Lawyers: Give thought to executor of a will", Paul Briand, Aug. 28, 2016