What would disqualify me from being the personnel representative?

[Jack_001]

I live in California

My mother died leaving a will for three children naming myself as executor of the will and naming my older brother if I was disqualified or did not choose to do it!

Now my younger brother is saying through his attorney that he wants someone outside to administer the will. (The attorney has a person that has petitioned the court to be appointed) My brother was not chosen for his major problems with the law currently in jail.

What would disqualify me from being appointed?

Thanking you in advance for your time

 

[ALawyer]

This gets very much into family dynamics and court politics.

Among the grounds courts have cited for denying the named person the right to be executor are certain criminal convictions, drug or alcohol addiction, mental incapacity, a history of financial irresponsibility, etc.

If you have a lawyer that will represent you throughout the administration of the estate, it greatly improves the chances you would be appointed, even with some of the foregoing impediments.

YOU NEED A LOCAL LAWYER AND GET ONE!

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To retain a lawyer, I suggest you go to http://AttorneyPages.com which is endorsed by the Association of Trial Lawyers of America. This response is intended as general information only and NOT LEGAL ADVICE. As you are not my client I have no obligation of any kind to you.

 

[Jack_001]

Thank you for your reply:

I have retained a lawyer for this case, I have none of the problems that you stated the only thing that is being cited and trying to use against me is the fact I have had to have my brother arrested three times for making death threats to my self and family. He violated a restraining order from the court. All I did was file for Conservatorship of the person and estate of our mother and he became very agitated I cut off his drug money!

Currently the attorney for my brother was the same attorney that the court appointed for my mother.

Is that a conflict of interest?