Legal Question in Wills and Trusts in Texas

Attorney guidance
To what depth of instruction is an attorney required to provide an executor of a will? Should the attorney provide a written list of instructions or can they just verbalize how an executor should proceed? Who provides and distributes copies of the will or is it necessary to do this? Is this required to be done in a specified time frame?

Asked on 7/28/00, 4:27 am

Roger Powell Roger T. Powell, Attorney

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Re: Attorney guidance

Obviously an attorney representing an executor/rix should

give the personal representative enough information to

perform the duties incident to the job. There is no requirement

that an attorney give written instructions but many do

since laymen have a tendency to forget some of the specialized

rules applicable to personal representatives of estates.

An executor/rix is not required to provide copies of the will under

which they serve, however it is a very good practice. Copies of the

will inform all the beneficiaries of the entire playing field and help

to forestall questions later on. When a distribution of the will is

made, it generally would be the job of the executor/rix and certainly

would be cheaper than asking the estate's attorney to do it.

Answered on 10/29/00, 4:17 pm

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