How might executor roll affect divorce?

[apple217]

What is the name of your state (only U.S. law)? Florida.

My friend was just about to file for divorce when his mother-in-law suddenly passed away. He is the executor of her estate as he was extremely close to his mother-in-law, and has just begun the process of trying to sell her house. Can he still file for divorce, or would it be seen as a bad thing to do in the eyes of a judge when determining alimony, custody etc.? Are there legal issues he should be aware of? He is a totally decent person and would want to do the right thing. This is kind of a strange turn of events.

[mistoffolees]

Originally Posted by apple217

What is the name of your state (only U.S. law)? Florida.

My friend was just about to file for divorce when his mother-in-law suddenly passed away. He is the executor of her estate as he was extremely close to his mother-in-law, and has just begun the process of trying to sell her house. Can he still file for divorce, or would it be seen as a bad thing to do in the eyes of a judge when determining alimony, custody etc.? Are there legal issues he should be aware of? He is a totally decent person and would want to do the right thing. This is kind of a strange turn of events.

He should really see an attorney, but the two issues aren't related. I'm having a hard time figuring out how a judge could change custody or alimony on the basis of him being executor. I guess it might depend on how crystal clear MIL's will is. If there is no room for discretion, then he can't be seen as abusing his authority as executor. If the will is fairly vague, then he will have to make a lot of decisions.

At the same time, if he doesn't have an urgent need to get divorced right now, he might want to hold off for personal reasons. Being executor can be very stressful and adding a divorce might make his stress level skyrocket. For whatever is left of his feelings for his wife, he might consider holding off, too, since she is obviously going to be a mess.

[LdiJ]

Originally Posted by mistoffolees

He should really see an attorney, but the two issues aren't related. I'm having a hard time figuring out how a judge could change custody or alimony on the basis of him being executor. I guess it might depend on how crystal clear MIL's will is. If there is no room for discretion, then he can't be seen as abusing his authority as executor. If the will is fairly vague, then he will have to make a lot of decisions.

At the same time, if he doesn't have an urgent need to get divorced right now, he might want to hold off for personal reasons. Being executor can be very stressful and adding a divorce might make his stress level skyrocket. For whatever is left of his feelings for his wife, he might consider holding off, too, since she is obviously going to be a mess.

I will add, that his wife and any other heirs could possibly ask that he be removed as executor on the basis of the divorce.

[Ohiogal]

Truthfully he should step aside as the executor because if he does not he can find himself in the midst of an ugly court battle.

[mistoffolees]

Originally Posted by LdiJ

I will add, that his wife and any other heirs could possibly ask that he be removed as executor on the basis of the divorce.

Or, he could just step aside, as Ohiogal suggested.

He should first check to see who the contingent executor is. If they are trustworthy, there'd be no reason NOT to step aside.

[apple217]

Originally Posted by mistoffolees

He should really see an attorney, but the two issues aren't related. I'm having a hard time figuring out how a judge could change custody or alimony on the basis of him being executor. I guess it might depend on how crystal clear MIL's will is. If there is no room for discretion, then he can't be seen as abusing his authority as executor. If the will is fairly vague, then he will have to make a lot of decisions.

At the same time, if he doesn't have an urgent need to get divorced right now, he might want to hold off for personal reasons. Being executor can be very stressful and adding a divorce might make his stress level skyrocket. For whatever is left of his feelings for his wife, he might consider holding off, too, since she is obviously going to be a mess.

Thank you (and the other respondant) for your replies. Good, sound advice. I will tell him to discuss your thoughts with his lawyer. He has mentioned that he is under a lot of stress with this executor thing. Also as I mentioned earlier, he was very close to his MIL and grieving her loss, so I think in many ways he feels obligated to do this.