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Executors prefer not to accept responsibility

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gotcats

Junior Member
What is the name of your state? Texas
My grandmother died 2 weeks ago. In her will she named her sister and brother in law as executors. They live 1 1/2 hours away and now say they prefer not to have this responsibility.
I have been with my grandmother daily for the last 30 years. She trusted me with all aspects of her life. I was on her bank accounts so that I could write checks etc when needed.
Myself, my sister and my daughter are the only ones named in her will and are to divide equally.
We finally received the Death Certificates today so Monday morning, her lawyer will file it at the courthouse.
My question is can the named executors ask to delegate their responsibilites? Can I be appointed to act in their place?
 


las365

Senior Member
I'm sorry for your loss.

My question is can the named executors ask to delegate their responsibilites? Can I be appointed to act in their place?
I believe that the answer to both of your questions is sort of yes.

The named executors should not accept the responsibility and then delegate their powers. What I think you are really asking, and the way to do it, is that the named exectutors can decline to serve. I don't think they get to select a successor executor; however, if there is no disagreement among the beneficiaries, it should be a relatively simple process for the named executors to provide a declination to serve and for you to apply to be executor and the Court to grant your application.

If your grandmother's lawyer is going to handle the probate, he should be able to assist you with this.
 

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