Question about existing Will

[cmheflin]

What is the name of your state? Texas

My mother's current Will leaves all her assets to be divided evenly between me and my three bothers. As it is currently written, an executor is not listed. One of my brothers is on disability for schizophrenic disorder, he is 48. This brother has become very angry with all family members, including my mom who is 81 (this anger has nothing to due with the Will, another issue) and is claiming to move out of state and never have contact with us again. Even though he is reacting like he is, my mother still wants him included in the Will. However, she wants to make sure that if he does leave and we can't locate him, that her other children still get their share of her estate, or will he have to be located first in order for the Will to be probated. She is wondering if she should include an executor in her Will.

Thanks,
Connie

 

[divgradcurl]

What is the name of your state? Texas

My mother's current Will leaves all her assets to be divided evenly between me and my three bothers. As it is currently written, an executor is not listed. One of my brothers is on disability for schizophrenic disorder, he is 48. This brother has become very angry with all family members, including my mom who is 81 (this anger has nothing to due with the Will, another issue) and is claiming to move out of state and never have contact with us again. Even though he is reacting like he is, my mother still wants him included in the Will. However, she wants to make sure that if he does leave and we can't locate him, that her other children still get their share of her estate, or will he have to be located first in order for the Will to be probated.

PRobate does not have to wait until everyone has been found, although it may delay close of the estate, and may make life more difficult for the executor.

She is wondering if she should include an executor in her Will.

Thanks,
Connie

She could, and this may not be a bad idea, although the choice of executor could be challenged, and in any event, the court could select its own executor.