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Need to type a release of executorship from one family

Customer Question
Need to type a...

Need to type a release of executorship from one family member to another

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Texas

Lawyer's Assistant: What documents or supporting evidence do you have?

We have an old will that put the wife as executor but since they had been separated for over 20 years and the will is 23 yrs old she does not want the responsibility

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She want to turn the executorship over to the deceased eldest son

Submitted: 7 months ago.Category: Estate Law
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Answered in 1 minute by:
11/29/2017
Estate Lawyer: DamienJD, Attorney replied 7 months ago
DamienJD
DamienJD, Attorney
Category: Estate Law
Satisfied Customers: 5,115
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Is the eldest son listed in the will as the successor executor?

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Customer reply replied 7 months ago
No when the will was written they lived together as man and wife in a house she owned prior to their marriage so the will state in the event of both passing everything goes to her children since then they have not lived together as man and wife and he purchased his own home
Customer reply replied 7 months ago
cancel this I will call a local attorney thank you
Estate Lawyer: DamienJD, Attorney replied 7 months ago

Okay. In order for the eldest son to become the executor, he would have to petition the court to become the successor executor. The wife would have to submit an affidavit agreeing to the petition.

Do you have any further questions?

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Customer reply replied 7 months ago
is there a standard or special form for this affidavit
Estate Lawyer: DamienJD, Attorney replied 7 months ago

Possibly the court has a renouncement form that she can use but it is not necessary to use that particular one. The executor can file a resignation with the court and the new executor would petition for appointment as the successor.

Do you have any further questions. I am happy to assist you.

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Estate Lawyer: DamienJD, Attorney replied 7 months ago

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars at no extra charge so I can get paid for the service I provided to you. Best regards.

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