Will I have ane personal liabiltiy if I act as an executor ofan estate?
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Will I have ane personal liabiltiy if I act as an executor ofan estate?
A friend has asked me to serve as her executor. She has 3 grown children who she does not get along with and I am worried that they might try to cause legal problems for me personally. She owns her own home that she bought after her divorce and she has a vehicle, some jewelry and some savings. I would like to help but I am worried about being personally sued by them.
Asked on October 12, 2011 under Estate Planning, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I would not worry too much about being personally sued by the children of your friend if you are named as the executor of her estate and she passes away while you are named as such. As the executor of the state, you would be entitled to retain the attorney that you deem fit to probate the Will.
The executor does not receive any interests in the estate of a person unless a specific gift is made. However, per statute, an executor does get paid a percentage of the estate for services rendered in such a role in collecting the estate's assets, inventorying them, signing documents concerning the probate and having them distributed.
Good luck.
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