Houston, TX asked in Family Law and Probate for Texas

Q: My brother died in Virginia . I live in Texas and am named in his will as executor. Can I sign a proxy to an attorney.

One of his heirs has been named his murderer. Is there any way around me appearing in person. I have kidney failure and am on dialysis, so a trip to Virginia is unlikely. His daughter has probated the will and now wants to be executor. I don't want that as that was not my brother's wish and her brother is on trial for his murder.

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1 Lawyer Answer

A: Who does the Will appoint as Executor?

You can contest that appointment and should hire an attorney in the town / county where he lived - but usually, whoever the Will appoints is allowed to to qualify.

Also, Virginia does have a statute that if you cause someone's death you can't profit from their death. So if he is found guilty he won't likely receive any inheritance.

Bottom line - you'll need an Estates Attorney where he lived.

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