# Deciding on a alternative executor?



## Micheal (Jan 28, 2009)

Since my wife passed away I've had to change several things and I've gotten to the point that I want to change my will. Since my wife was named Executor of my will and my DD was named as the alternative. I now want to change the will making my DD Executor. 
My problem is that I do not know who would be listed as an alternative. The G-kids and the rest of the extended family are not an option for my own personal reasons; GG-kids to young, and a bank or such seem to expensive....
So any ideas or suggestions?


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## muleskinner2 (Oct 7, 2007)

Get rid of the will, and form a family trust. It cost about a hundred bucks, and no executor, no taxes. I don't know what a DD is, but you can name them in the trust. Perhaps ask them who they think should also be included in the trust.


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## Alice In TX/MO (May 10, 2002)

Darling Daughter


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## Alice In TX/MO (May 10, 2002)

You can just add a codicil naming an alternative executor, if no other changes need to be made.

I am not an attorney, so don't rely on my advice.


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## GREENCOUNTYPETE (Jul 25, 2006)

muleskinner2 said:


> Get rid of the will, and form a family trust. It cost about a hundred bucks, and no executor, no taxes. I don't know what a DD is, but you can name them in the trust. Perhaps ask them who they think should also be included in the trust.


this 

a trust is a corporation and you decide the superintendent of the corporation with a line of succession often you form an executive board say if you had 4 kids each would be on the executive board and would make all decisions and could choose to add people to the corporation.

the corporation still pays property taxes but it only ever pays taxes on revenues not spent on the upkeep of the property.

so say you have 50 acres tillable the corporation can rent that out and collect the revenues to pay the taxes if the revenue exceeds the taxes you can make improvements like buy a truck load of gravel to make the drive way better


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## topside1 (Sep 23, 2005)

The executor can be anyone, does not have to be a family member. I have been an executor (personal representative) once and depending on the size of the estate it can be overwhelming. Pick a person with extra time on their hands and made sure they agree to this responsibility. An executor is usually paid a fee for their time and expenses. Topside


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## robin416 (Dec 29, 2019)

The court can also choose and executor if one is needed. My neighbor is my executor. 

Talk to @TxMex before you go the route of forming a corp. Things are not going well in that regard for her.


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## Alice In TX/MO (May 10, 2002)

The income above the needs of the Trust will be handled as the trusts deems in the documents. They may be disbursed to the beneficiaries. They may be donated to charity. The trust documents will mandate what happens.


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## TxGypsy (Nov 23, 2006)

robin416 said:


> Talk to @TxMex before you go the route of forming a corp. Things are not going well in that regard for her.


That's putting it mildly!!!

Unfortunately I could probably write a book on this subject. @Micheal are you strictly looking for someone to be the executor or is there going to be a continuation of some kind like a trust?


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## TxGypsy (Nov 23, 2006)

GREENCOUNTYPETE said:


> this
> 
> a trust is a corporation and you decide the superintendent of the corporation with a line of succession often you form an executive board say if you had 4 kids each would be on the executive board and would make all decisions and could choose to add people to the corporation.
> 
> ...


Let me explain to you how this ends up. It seems like a great idea. Unfortunately humans get greedy where money is involved.
My Grandpa left his large ranch as a corporation with his heirs owning stock or shares in the corporation. He wanted to avoid inheritance tax and keep the land together for future generations. Sounds reasonable doesn't it?
Here is my current situation. When my Aunt was living we had a gentlemens agreement that was set up by someone else on which parts of the property belonged to whom. We agreed to abode by that. My part works out to 340 acres. I have a lovely private hill in the back with beautiful trees. I'm far away from the rest of the family and do my best to avoid them. I've been occupying this property on and off since 2013. I paid to have water abd electric installed. Paid to have a metal pipe bridge put over the main creek, dirtwork, etc.
So I recently moved back. Took about 6 weeks to get a double wide moved in. I was back here putting in a dirt pad, having additional electricity run, bought a 40 ft storage container to put my stuff in, my tractor was back here, etc. I wasn't trying to hide what I was doing. One of my cousins had been back through here several times. It was obvious I was moving in a house. 
They waited until the day after I moved in the house and served me with an eviction notice!!! This is my Aunts kids that now have the majority vote since she died.....my first cousins that I grew up with!
I was ticked but not worried as I could easily prove I'd been living here on and off. Here's where I got it stuck to me. Strictly going by corporate law....I own shares in the company. Even though the company is land only....the new 'president' doesn't have to let me live on my own land. 
Because sn eviction is a timed event I do not have time to retain an attorney and fight it. The judge went strictly by corporate law and did not accept my evidence of occupation. 
I would have been content to live here and continue trying to ignore them. They have made it clear that I'll never have peace if I do. 
So all the time and money my Grandpa spent is for nothing. We'll end up spending far more than the inheritance tax on attorneys. 

I was also involved in a trust that was a nightmare. 
The problem with my situation is that it's family members that are running these things. No telling how much was taken out of my trust over the years. Me snd my kids were living way below the poverty line because the trustee wouldn't allow me access to any money. That was not the intention of the trust. He also kept me from receiving it at the age I was supposed to. My hands were tied because of the phenomenally stupid amount of protection the state of Texas gives to trustees.
It is sooo much better to pay a neutral party to handle this sort of thing. Someone that doesn't stand to profit and has no ax to grind with the heirs


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## Alice In TX/MO (May 10, 2002)

Trustees should be sued for failure to follow the directions in the trust documents.

Gentleman’s agreements don’t always hold in the second generation.

I am sorry to say that you made some assumptions about your rights as a beneficiary.

At the current time, I am also weeding through the law about capital gains if I sell property that is owned by the trust. It’s a bit nerve wracking.


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## Alice In TX/MO (May 10, 2002)

Maybe I am lucky that I am the trustee, and there’s only my sister who is very nice.


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## Alice In TX/MO (May 10, 2002)

You need a copy of the trust documents and an attorney who specializes in trusts. Perhaps you can get recourse, after the eviction.


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## Jenn (Nov 9, 2004)

Does DD have a spouse you would trust if she were unable? And I read about the will naming who should CHOOSE your kids' guardian rather than who should BE the kids' guardian, so you needn't change it as they grow and relationships evolve (we went from MIL/FIL, to uncle, to big sis over 20 years). How about DD executor, alternate her spouse or a neighbor or good friend to choose the executor? And if she is unavailable and others close to you aren't reliable, a neighbor or attorney and pay them? Hopefully DD will serve, this is just back up, until the grandkids are older. Just a thought. We're sticking the kids with it- luckily 2 DDs so one should be able.


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## TxGypsy (Nov 23, 2006)

Alice In TX/MO said:


> Trustees should be sued for failure to follow the directions in the trust documents.
> 
> Gentleman’s agreements don’t always hold in the second generation.
> 
> ...


It depends on how the trust is written. 
I begged Granny not to leave her son in charge as he's been jealous of me my whole life. 
Some of that retribution may happen too as he's involved in this too


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## Alice In TX/MO (May 10, 2002)

Yes.


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## Micheal (Jan 28, 2009)

muleskinner2 said:


> Get rid of the will, and form a family trust. It cost about a hundred bucks, and no executor, no taxes.


Never heard of a "family trust". The trusts I'm aware of are "revocable and non-revocable", both of which need a estate lawyer to get it right. Plus they are expensive to set up....


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## Micheal (Jan 28, 2009)

Alice In TX/MO said:


> You can just add a codicil naming an alternative executor, if no other changes need to be made.
> 
> I am not an attorney, so don't rely on my advice.


Yes, it could be done that way, but I'm thinking of some changes because of 8 GG-kids. (great-grand-kids). But my hang-up is finding someone who is not a procrastinator, knows somewhat what to do, and that I trust to be an Alternative Executor.


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## Alice In TX/MO (May 10, 2002)

Good luck finding a non-procrastinator.

I am the only one I know.


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## muleskinner2 (Oct 7, 2007)

Micheal said:


> Never heard of a "family trust". The trusts I'm aware of are "revocable and non-revocable", both of which need a estate lawyer to get it right. Plus they are expensive to set up....


Mine is a non-revocable family trust. We paid a estate lawyer $100.00 to write it up, then a few dollars to have it filed at the court house.


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## Micheal (Jan 28, 2009)

muleskinner2 said:


> Mine is a non-revocable family trust. We paid a estate lawyer $100.00 to write it up, then a few dollars to have it filed at the court house.


Around here for an estate lawyer to set a trust (either one) costs in the neighborhood of at least $2500 and up from there..


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## muleskinner2 (Oct 7, 2007)

Micheal said:


> Around here for an estate lawyer to set a trust (either one) costs in the neighborhood of at least $2500 and up from there..


I am truly sorry, that you are forced to live in such a place.


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