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What Happens if Executor Passes Away?

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xonxoff

Member
What is the name of your state? Michigan

Hi, Our father passed away in June. Last surviving parent. My older sister is executor. She was recovering from breast cancer and doing well except moving very slow in handling the estate. Early December we are advised the cancer came back and she's stage 4. My younger sister and I have made numerous offers to help her with the estate but all our offers are turned down, which includes preparing for the sale of dad's house of which each of us are 1/3 entitled in will. My question is, what happens if she passes before the house is listed or if it is listed but not sold? Younger sister and I both live out of state and probably neither one of us can assume the role as executor? Will the court named executor do all the real estate dealings i.e set the price, select the Real Estate agent? What if the house is on the market and hasn't sold? Do we, the remaining siblings have any say in what offer is accepted? Will sister's husband receive her portion of the proceeds? Thanks in advance.
 


zddoodah

Active Member
My question is, what happens if she passes before the house is listed or if it is listed but not sold?
If she dies before administration of the estate is complete, then someone else will need to apply to the probate court to be appointed as executor. Under the circumstances, it might not be a bad idea to start that process now (i.e., petition to have her removed -- if she won't agree to it -- and replaced by someone else).

Younger sister and I both live out of state and probably neither one of us can assume the role as executor?
Despite your use of a question mark, this sentence is not a question. If your intent was to ask whether, under Michigan law, a non-resident may serve as executor, the answer is yes (although it might not be a good idea for what I assume are obvious reasons).

Will the court named executor do all the real estate dealings i.e set the price, select the Real Estate agent?
Those are things that the executor does (or gets someone else to do on his/her behalf).

What if the house is on the market and hasn't sold?
I don't really understand what this question means.

Do we, the remaining siblings have any say in what offer is accepted?
Unless the executor's appointment is restricted in some manner, no.

Will sister's husband receive her portion of the proceeds?
This can't be answered without knowing what your father's will says (assuming he had one). However, it's likely that the answer to this question is yes.
 

Taxing Matters

Overtaxed Member
My question is, what happens if she passes before the house is listed or if it is listed but not sold? Younger sister and I both live out of state and probably neither one of us can assume the role as executor?
A new executor will need to be appointed to handle the estate. My information indicates that any competent adult — including those outside the state — may act as executor in Michigan except those that are convicted felons. You might have yourself or your sister made executor, for example, and then hire a probate attorney to handle the stuff that needs to be done locally there in Michigan.

Will the court named executor do all the real estate dealings i.e set the price, select the Real Estate agent? What if the house is on the market and hasn't sold?
That stuff is all handled by the executor.

Do we, the remaining siblings have any say in what offer is accepted?
The executor controls the show. So long as the executor gets market value for the property he or she has discharged his/her fiduciary duty. The executor need not get your approval. Obviously, though, if you are the executor then you can control how things go.

Will sister's husband receive her portion of the proceeds? Thanks in advance.
Her share will go to her estate. What happens from there depends on what her will says (if she has one).
 

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