death of executrix

What is the name of your state? Tn my father died Oct. 2002 leaving my step mother as executrix of his will in the event of her death i would be appointed, i just learned that she has passed away and my father's estate has not been settled. in reading over my father's will again i have come to a part that states " All of the foregoing provisions of this will are made irrevocable in the event that my spouse should predecease me and the provisions for the ultimate disposition of any property shall continue in full force and effect after the death of my spouse and may not be revoked, except by mutual executions of new wills by each of us. The consideration for making this testment irrevocable is the simultaneous execution of an identical will by my wife providing for the same division of our property upon the death of the survivor." My questions are does this mean that she could not make a new will unless my father was still living? And if so would that not make me the executrix of her will also? could anyone not named as executrix be able to place the will into probate? the reasons for these questions are that i am dealing with some very sneaky people in her family and don't trust them.

"All of the foregoing provisions of this will are made irrevocable in the event that my spouse should predecease me..."

She did NOT predecease him.

"My questions are does this mean that she could not make a new will unless my father was still living?"
*** No. Basically what happens now is you become the executrix for your fathers will. Everything that would normally have gone to your step-mother still goes to her estate (as a result of her being alive at the time of his death). Your fathers will has no impact on HER ability to make her own will.

"And if so would that not make me the executrix of her will also?"
*** No. Her will would then apply as to her estate. If her will designates someone else to handle her probate, that person would handle it...... and the share that your step-mother inherits from your father.

"could anyone not named as executrix be able to place the will into probate?"
*** Most states allow another to be assigned as representative if there is no will or it does not stipulate a representative, or that representative does not wish to 'serve'.

"the reasons for these questions are that i am dealing with some very sneaky people in her family and don't trust them."
*** Your trust in them is not relevant. Simply do your duty as executrix of your fathers estate and let the step-mothers assignee do theirs.