New Executor Appointed to Replace Executor with Dementia
In the Estate of E.L., deceased, an elderly man was appointed executor of his late wife's estate. He was the sole beneficiary to all of the property she left at death. A few months after his appointment, the executor was diagnosed with dementia and eventually became unable to handle his own affairs or live independently. His brother took him into his home and came to the Moss law firm for assistance.
At the time, the younger brother had a power of attorney designation from his brother that the bank would not recognize, resulting in a frozen estate bank account that contained a considerable sum of money. Within a few months we had the brother appointed as successor executor to the wife's estate so that he could access the funds to take care of his brother (the original executor). We also fulfilled the requirements of the Texas Estates Code to ensure the successor executor complied with his obligations to the probate court.
Practice area(s): Probate