Executor can live outside Texas, but in-state ‘agent’ still required
The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: I have heard that in Texas the executor of an estate must live in Texas. Can you verify this? I ask because I have few relatives in Texas and no heirs or siblings, and I may need to name an executor from out of state.
A: An executor does not need to reside in Texas.
However, it is logistically easier, as work would need to be performed here. There’s also a probate hearing, but someone local can attend the hearing and give testimony if the executor is not able to do so. But there is no residency requirement.
The problem is most acute when an out-of-state executor works for a living. It can be difficult to get time off from work to handle all the estate matters. If the estate has a home, who will make sure the lawn is mowed and the property is secured? After your death, an out-of-state executor must name someone in Texas to be the “resident service agent” so there is someone in Texas to be contacted if the estate is sued.
That person can live anywhere within the state’s borders, as long as his or her residence is in Texas.
Q: My mother has been in a nursing home for about a year and a half. She has been diagnosed with Alzheimer’s disease and dementia. My sister recently went to the nursing home to make revisions to her will. Is what she is doing legal?
A: It sure seems like the answer is no.
If your mother is unable to understand the new will, and she doesn’t really know what she owns and what the names of her relatives are, then she should not be signing a new will. But whether she has the capacity to sign is something that would need to be determined by a medical doctor.
There’s also the issue of what you can do now to stop your sister. Talking to your mother or the nursing home probably won’t work. You will likely have to wait until after your mother’s death to be sure the will that is filed for probate was signed while your mother had legal capacity.
You should also be careful to monitor your mother’s bank accounts and other investments. If your sister can get her to sign a new will, she can also get her to sign a new power of attorney or even a deed transferring ownership of her home (or other real estate) to her before she dies.
By the time your mother dies, she may not even own anything that can be transferred by her will.
Talk to a lawyer if you are concerned about what your sister has been doing.