• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

will not filed in court

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

shth

Guest
How long can an executor wait before filing a will in court?
Is there a time frame that the will must be read and copied to beneficiaries? Can I obtain a copy of the will without a lawyer if the executor continues to withhold it?
My husbands father passed away 4 months ago and no action has been taken by the executor, his father's wife.
What can happen if my husband does nothing, and waits for her to do something?
 


ALawyer

Senior Member
Under some state laws an executor who has the Will and fails to file it and petition the court to confirm his or her appointment can be disqualified from acting as executor.

Any heir can go to court and seek an order compelling the filing of the Will, or even can seek to become administrator of the estate as if there was no Will. In that case the heir named as executor typically comes into court with the Will.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top