Executor of Will

What is the name of your state? Fl
My question is probably more a matter of opinion. My father passed away in 2001. In the will, that he and my mother did a few years prior to his death, named my brother and I as co executors of the will. My brother is my older half brother, we have the same father. My mother recently re-married, and I have told her she needs to re-do her will, with her new married name(also want to make sure it stays the same and new hubby can't gain) I have asked my mother if I am the executor and it is still the same. I guess I feel that since I am her biological child i should be the sole executor. My brother lives 1000 miles away, and really isn't happy that she re-married and has stated that he won't ever stay in her house again. Anyway, I know that many feel that being executor is a burden, but I also know that the executor makes sure that the wishes are carried out. I know my mothers wishes down to her wishes for her funeral. What is everyone's thought on this? Should it just be me or will it make no difference if we are both on. By the way, the will includes my brother, myself and my oldest son, who was born with Down Syndrome. My parents have my son and I as receiving a larger amount of the estate, mainly because I am the biological child of their's together. My brother has no idea that my son is in the will or what the division is. My dad wanted to make sure that his grandchild was taken care of. He did not include any other grandchildren, which I'm sure my brother would be mad if he knew. Thanks for any insight
Hope

It makes no difference if one or both of you is executor.

She needs to consider putting an explanation in her will for the reason that the other grandchildren are being disinherited and yours are favored, or else brother may be tempted to contest the will.

DANDY DON IN OKLAHOMA ([email protected])

What kind of explanation should she have...should it be an explanation that he has Down Syndrome. Thanks for your advice.

Yes, something like that--perhaps that because of the Down Syndrome condition the child will require greater financial expenses for his medical needs. If she had an attorney who helped her draft her will to begin with, she can get the exact terminology from the attorney. Also mention that the other grandchildren are not being specifically disinherited because they are loved any less, because that is truly not the case.

If she dies first, her new husband can claim a certain portion of her estate regardless of the provisions of her will.

So, if the house, a pre-marital asset, is in her name, he may be entitled to a portion of it? What about bank accounts? They both kept their own bank accounts, and opened a joint one together for household bills. This is exactly why I kept telling her, to do a pre-nup. It's not like she is rich, but I wanted to be certain that everything that she and my dad worked for went to my brother and I. So, if she died, would a portion automatically go to him or would he have to take it to court. My mom did say that my name is on her bank account and that I am the only beneficiary to a life insurance policy.
thanks for your help
Hope

Florida's laws are a little unusual so you really should talk to an estate attorney about the house. The life insurance and the joint bank account pass outside of probate so you do not have to worry about them. He will get anything in their joint account.