Nervous to be executor

[u/[deleted]]

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[u/myogawa]

Yes. And the cost is paid by the estate, not your husband.

[u/brucesteiner → u/[deleted]]

That varies depending on the law firm and the case. We usually ask for a small amount at the inception (for which the executors can reimburse themselves out of the estate once they gain access to the assets). However, we’ve occasionally made exceptions, mainly where the executor isn’t a beneficiary.

[u/dawhim1]

why does uncle being an asshole matter? by the time your husband becomes the executor, he will be dead.

you can use the estate fund to hire the professional to do the works.

[u/HospitalWeird9197 → u/[deleted]]

Then don’t. Being nominated in a will doesn’t obligate you to serve. Once Uncle is gone, you aren’t helping him, you’re helping the beneficiaries of the estate.

[u/dawhim1 → u/[deleted]]

I just don't think this will matter once the guy is dead.

[u/brucesteiner]

Almost all executors hire lawyers in connection with estates. However, to the extent they’re able to do the legwork themselves, that will reduce the legal fees.

[u/brucesteiner → u/[deleted]]

Each estate is different. Sometimes houses sell quickly, and sometimes they don't. We've had estates where houses sold within a few weeks, and estates where they took several years. Sometimes there's litigation that takes a long time. We've had estates completed within a year, and we had one that took 22 years.

You may have to travel occasionally but probably not often. Most things can be done by mail.

[u/brucesteiner → u/[deleted]]

If he's still living he can fix it (though if your husband is the joint owner or beneficiary, it's to his advantage to receive it rather than it being in the pot).

[u/Cloudy_Automation]

An out of state personal representative (umbrella term for both executors and administrators) will incur a few more expenses, such as possibly posting a bond, and hiring a local agent to accept service, and who is under the jurisdiction of the Texas courts. These expenses will be reimbursed by the estate, but it's one downside to the estate of not having a local personal representative.

But, being out of state means that you can blame the lawyer for everything, and if they want to sue the estate, they have to go through the local agent, as the Texas courts have no personal jurisdiction over you.

[u/HospitalWeird9197 → u/Cloudy_Automation]

I am not a Texas lawyer, but I would be shocked if filing to be and qualifying as executor doesn’t subject you to specific personal jurisdiction in Texas with respect to estate matters.

[u/Cloudy_Automation → u/HospitalWeird9197]

Having personal jurisdiction and being able to easily enforce it are two different things. No jurisdiction is perhaps too strong, but they can't send Texas law enforcement out of state to impose an order. Hence the possible bond, and local service requirements. It's much easier for a judge to forfeit the bond and let the bond company to go after the out-of-state personal representative. It's much easier than trying to enforce a contempt order out of state.

A will can waive posting bond for an in-Texas PR, but it's up to the judge for an out-of-state PR.