probate will with new executor

[catnip5268]

What is the name of your state? Texas
My father recently passed away, left a will and named one of my sisters as the executor. At a family meeting, (there are 8 brother and sisters) she said she could not handle it and did not want it. We all signed a statement naming me as the executor. A few weeks later she decides she was under stress when she signed the statement and has decided that she does want to be the executor. No one wants her to be the executor as she is not trustworthy. She has hired an attorney to demand the will be returned to her. We have not complied as of yet and she has threaten to take us to court to get it back. My question, since we have her signature on a form naming me as the executor, will that stand up in the court and could I then probate the will and provide the statement that indicates that she gave up that duty to me?

 

[Dandy Don]

That will be an important document in your favor, but you all really should have gotten legal advice about this before proceeding. She should have been asked to sign a document to specifically renounce/decline the executorship.

 

[seniorjudge]

What is the name of your state? Texas
My father recently passed away, left a will and named one of my sisters as the executor. At a family meeting, (there are 8 brother and sisters) she said she could not handle it and did not want it. We all signed a statement naming me as the executor. A few weeks later she decides she was under stress when she signed the statement and has decided that she does want to be the executor. No one wants her to be the executor as she is not trustworthy. She has hired an attorney to demand the will be returned to her. We have not complied as of yet and she has threaten to take us to court to get it back. My question, since we have her signature on a form naming me as the executor, will that stand up in the court and could I then probate the will and provide the statement that indicates that she gave up that duty to me?

Q: My question, since we have her signature on a form naming me as the executor, will that stand up in the court and could I then probate the will and provide the statement that indicates that she gave up that duty to me?

A: What y'all did was create a lawsuit which will be handled in the probate court. The court will tell you who will be the personal representative.