Dear Mr. Premack: In a previous article you stated that the executor could not legally charge a fee for “receiving funds…which were on hand or were held…in a financial institution or a brokerage firm.” Does that mean if there are 5000 shares of stock at a brokerage firm that the executor could not collect a fee on transferring those to the heirs? Would that also include sale of stock and cash distributed to the heirs? NKS The statute is clear. Section 241 of the Texas Probate

Dear Mr. Premack: My husband made a handwritten will, with two people signing as witnesses, but he didn’t date the will. The will simply left all his property to me, his wife. Now he has passed away. Is this a valid will? Also, he left to me some books he had written. Do they pass to me under the will, and if so, do I have copyrights to his books? – JG Let me begin by saying that a Will should always be dated. Tremendous confusion can result from the lack of a date. What if t

Dear Mr. Premack: I am currently seeking guardianship of a relative with severe dementia who is currently in a nursing home. Will a guardianship supersede any previous durable power of attorney given by my relative to someone else, which was verbally rescinded (with witnesses) but never actually rescinded in writing? – TTR Texas law defines two ways that the financial and personal issues for a person (like your relative with dementia) can legally be managed by a second person