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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 19106
Experience:  B.A.; M.B.A.; J.D.
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My ex husband did not update his will after our divorce and

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My ex husband did not update his will after our divorce and did not think it was necessary to do so. He deceased July 29, 2013, according to another lawyer laws changed in 2007 and ex wives are not to be executors of an ex husbands estate. All that is left for the kids is a house under construction which was used to get a home equity loan. The credit union will not give any information. What should we do?
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.


Could you explain a little more?


Did he name you the executor of his Will?
Customer: replied 3 years ago.

yes, I Elena was named the executor of his estate

Thank you for the information.


Have you filed for Probate of his Will and asked the Court to appoint you as the Executor of the Will because there is no other person who can be appointed?

Eventhough his nomination of you in his Will is void because of your divorce, this does not mean that the Court cannot appoint you as the Executor if you are the proper person to administer his estate.

Customer: replied 3 years ago.

Can one of our six kids be named as executore as written in his will?
They are all over the age of 30.

Thank you for the information:

Can one of our six kids be named as executore as written in his will?
They are all over the age of 30.



Response: Yes, one of your children can petition for probate of the Will and asked to be appointed as the Executor of the Estate. Once appointed, then the Executor can contact the credit union as the representative of the estate and take care of other issues of the estate.

Click on the link below to learn how to probate an estate in Texas:


Probate Information

Phillips Esq. and 2 other Estate Law Specialists are ready to help you