If I want to be appointed executor of my mothe’rs estate to claim funds of a class action lawsuit, how do I proceed and confirm there is no executor now?

Asked on July 17, 2012 under Estate Planning, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to carefully look at all paper work filed with the court concerning the estate of your mother specifically the Will that presumably is being probated.

If there is a probate in process, then most likely there is an executor in place for your mother's estate to make a claim as to the class action lawsuit.

If no probate has been filed under the presumed Will of your mother, you need to set one in place. I suggest that you consult further with a Wills and trust attorney about your question and bring to the meeting the Will or trust of your mother.

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