Change executor MA and will ques

What is the name of your state? MA

Father passed on 5/1/08. Sister named as primary she doesn't want to be the executor I am named as the secondary if she declines. What is the process for her to decline?? she lives in another state.

There is a will.. there is money owed to bankruptcy court(2005) for past debt medical bills,taxes, past child support etc. the only assest is a house not worth much, no life insurance.

The lawyer who has the will has a conflict of interest and cannot represent me do they need to get paid by me as executor?? I didn't authorize/ask them for any services??

I guess I have no idea what the process is for this type of matter:
cleaning out the house, getting money to pay bills when there is none in any accounts, where to start knowing there is 30 days to present the will. Is there a time limit on the other items to get paid?[/FONT]

Do you intend to sell the home? If so, then probate is needed. If not, then there is no need for probate since there are no assets. She could decline executorship by writing a letter, or you could ask the attorney if there is an official form for her to record her declination.

Getting the runaround ... ;(

Ok here is new develpoment... turns out while father was in hospital gravely ill.. about 2 weeks before he passed someone had him sign another will signing all items over to them down right disrespectful taking advantage of a dying person; first will was drafted 5yrs ago which hold up??

Sister still cannot make up her mind.. she lives in Ohio- time is ticking I assume it is 30 you have to report a will?? One day she tells me she can't do it so I start seeking legal advice next day she changes her mind, then its maybe...then back to yes .etc

In reguards to the house I assume it must be sold to pay off banrupcty court case?

You have a mess. Don't screw around waiting for your sister to make up her mind. Get a lawyer. (I presume the sister is not the one that is the beneficiary of the new will). She'll likely go along if it's that or lose out big.

beneficiary

FAct is that she is the beneficiary! So I don't see the hold up! Things need to get taken care of, as I explained to her if she doesn't want the headache I will do this for her. Easier since I live in the same state, and I have same last name as my father to get things done.

Question about probono lawyers.. Do they usually take on estate cases; and if so do they usually look for a percentage but not for lawyers fees. I did get a free lawyer for my child custody case- a pretty great one I might add!!

Forget about finding a probono estate attorney--you will be very lucky if that happens. Do YOU work for free?

You and your sister need to decide whether you want to contest this will or not. WHO is the someone who is the beneficiary of the new will and are you and your sister named as beneficiaries in this one or not? Is this person related to your father? What is the value of the home if it is sold?

breakdown of will

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You and your sister need to decide whether you want to contest this will or not. WHO is the someone who is the beneficiary of the new will and are you and your sister named as beneficiaries in this one or not? Is this person related to your father? What is the value of the home if it is sold?[/QUOTE]


Original will states the my sister is named the executor and if she denies etc. Then I am named. Second all assests are left to her. (She is a daughter born from a diff mother after my parents split if that is relevant which it probably isn't)

Dated in 2005 he put in to settle for bankruptcy to pay of debts to include my grandmothers nursing home bills and his bills, and lawyer fees.. approx $100K

Value of the house is $200- $300K but is in really bad shape built 1910 falling apart more likely on the low end. There are no other assests! A bank accout with $25

I assume after selling the house paying off the bankruptcy, taxes, and any underlying bills not paid plus any new fees from realtor and lawyers it will bring out about even.

It is more based on principal what this other person is doing..
On that subject; We have all been estranged from our father for more than 10 years only seeing him in 2004 at my brother's funeral. The person who has him sign the other will is a young kid 30 who lived with my father for a bit (due to they were addicts) he is of no relation what so ever! His Social security checks that he was getting while in the hospital are no where to be found, tried to report that to SS but they didn't want to bother with it.