Executor of will deceased, now what ?

[edithgrove]

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

My aunt has my deceased father (still) named as executor of her will.

My sister and I are the only (living) beneficiaries, and my aunt is resisting all advice to get her will updated.

Our aunt is now in failing health and her mental function is beginning to decline.

Our concern is that our aunt will pass away before a proper executor is named, thus tying up our aunt's will in the court system and my sister & I losing benefits to the state and legal fees.

What would be the proper course of action for this situation?
Thank you in advance for any advice!

[anteater]

Originally Posted by edithgrove

Our concern is that our aunt will pass away before a proper executor is named, thus tying up our aunt's will in the court system and my sister & I losing benefits to the state and legal fees.

If your aunt does not want (or lacks the testamentary capacity) to revise her will, then there is no "proper course of action." It is her choice.

I believe that you are under a misconception about the probate process. Whether the nominated executor is alive or not, the will still needs to be probated and an estate administrator appointed.

If your aunt does not revise her will, then you and/or your sister simply submit the will for probate and petition to be named as administrator(s), explaining that the nominated executor predeceased your aunt. Since you and sister are beneficiaries and seem to be the closest living relatives, there should be no problem.

That above is true, because if the will has you named on it and your sister it should fall to whichever one is next in line after your father. look in item #3 on her will, it will have your daddys name listed, and the yours or sisters under it where it says if above person is deceased then it falls to whoever. thats how my will looks anyway.you shouldnt have any problem at all if something happens to her.

[anteater]

Originally Posted by hopekendrick

That above is true, because if the will has you named on it and your sister it should fall to whichever one is next in line after your father. look in item #3 on her will, it will have your daddys name listed, and the yours or sisters under it where it says if above person is deceased then it falls to whoever. thats how my will looks anyway.you shouldnt have any problem at all if something happens to her.

More incorrect ramblings!

What your will looks like has absolutely nothing to do with the provisions in somebody else's will!

[JETX]

Originally Posted by hopekendrick

if the will has you named on it and your sister it should fall to whichever one is next in line after your father.

And of course, just like virtually every other post by this ignoramus, is NOT correct. There is no statutory hierarchy in appointing a personal representative.

look in item #3 on her will, it will have your daddys name listed, and the yours or sisters under it where it says if above person is deceased then it falls to whoever. thats how my will looks anyway.

Also, giving SPECIFIC 'clause reference to something that you haven't seen... simply because you think that it 'might look like yours'!!!
Call your parents and ask them why they let you drop out in the third grade?? Of course, the call may not be needed if you were over 18 years old.... with no hope of getting into the fourth grade.