My mother is in a non-profit nursing home and the nursing home wants my stepfather's pension of less than $100, whic...Read more
Just because you are named as executor in a will does not mean you are required to serve as an executor. If your mother-in-law is still alive, you can inform her you no longer want the position, and she will need to amend her will to name a different executor. If she has already passed away, you can inform the successor executor, if there is one, or the court that you do not want to serve in this capacity. If the will is already being probated, you will need to formally resign in writing in the probate court and provide a written accounting of what you have done. If the will does not name a successor executor, the probate court will choose an executor after you resign. State law dictates who has priority to serve. The surviving spouse usually has first priority, followed by children. If there is no spouse or children, then other family members may be chosen. If more than one person has priority and the heirs can't agree on who should serve, then the court will choose.
For more information about an executor’s duties, go here: http://www.elderlawanswers.com/what-is-required-of-an-executor-6434.
Local Elder Law Attorneys in Ashburn, VA
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
Medicaid Rules, etc