Executor Survivor

[babycakes]

What is the name of your state (only U.S. law)? Nevada
In a copy of my fathers will it states that Jane Doe is hereby appointed Executor of my Last Will, to do all lawful things to carry out its terms, with all those powers and subject to qualify, or having qualified shall die, resign or become incapacitated during the administration of my estate, I hereby appoint John Doe, or the survivor of him, to be Executor to serve.
Who is the survivor of John Doe? (there are four children, Jane and John are two of them).

In the will Part I, article V it states:
I give, devise and bequeath all of my property, both real and personal, of every kind and nature, and wherever situated equally to my four children.

 

[anteater]

...I hereby appoint John Doe, or the survivor of him, to be Executor to serve.... Who is the survivor of John Doe?

I don't know. That is a very odd use of that language. Normally, "survivor of..." would be used when a group is mentioned and one wishes to exclude one or more of the group if one or more of the group has predeceased. As in, "I give all my real and personal property to my children, or the survivors among them..."

Is there some sort of squabbling going on, as if being named successor executor is a major prize? Or is it just confusion?


EDITED TO ADD:
I was curious about why you added this:

In the will Part I, article V it states:
I give, devise and bequeath all of my property, both real and personal, of every kind and nature, and wherever situated equally to my four children.

I just took a look at some of your prior posts. Is John Doe your deceased husband? Are you really asking if you or your husband's children are in line to succeed as executor? Or asking if you or your husband's children stand to inherit from this estate?

 

[babycakes]

No this has nothing to do with husband.

This about my fathers will. You touched on squabbling and yes there is a difference of opinon. Mother passed 11mos. ago, father became very ill, sister and I have been caring for father. Brother comes in has living trust changed to Will (he is the 2nd executor, sister is 1st). While brother is caring for father he has numerous falls ends up with broken wrist, 2wks later broken hip and plans on taking father back to Fl. with him. Father had surgeries for these injuries and had bad reaction to Morphine (my father has asked not to have any pain meds. except asprin) and brother is sneaking in vicatin??? in his pills and my father is seeing things that are not there. Now brother wants to put him away in a nursing home. Mother and Father told sister and I they did not want sons to have anything to do with the estate everything was to be divided equally.That is the short story.....

 

[curb1]

You said, "Brother comes in has living trust changed to Will". Are you saying that all assets were re-titled and taken out of trust? What did father say about that?

 

[babycakes]

You said, "Brother comes in has living trust changed to Will". Are you saying that all assets were re-titled and taken out of trust? What did father say about that?

Yes, Father must have agreed to it, his signature is on it. why I do not know. My sister and brothers will not let me talk to him alone.

 

[anteater]

It is a bit unclear what "Brother comes in has living trust changed to Will" means. What Curb was getting at is:

One can create a living trust document - signed, witnessed, notarized... the whole shebang. But it does not mean much unless ownership of assets is changed to the trust and/or what is called a pourover will is also created that says to distribute assets to the trust during the probate process.

So...

1) If your father had not changed asset titles to the trust and/or created a pourover will, then the trust did not mean much in the first place.

2) If he had changed asset titles to the trust, then simply creating a will does not mean much if title to assets is not changed back to your father's name.

I know that your mother's and father's wishes concerning the eventual executor may be important to you. But, too often, people get too concerned about who the executor is/will be. And, while the courts generally wish to stay out of the day-to-day details of estate administration and while some executors get it in their heads that they can do whatever they wish, ultimately the executor still must follow the law and the provisions of the will. And provide the court and the beneficiaries with an accounting of their actions.

 

[babycakes]

I have a copy of the Will but there are no witnesses attached and I have no copy of the living trust nor have I seen one. When my father came home from hospital brother convinces my father to make a Will and made him 2nd executor. Now he wants a new Will to specify who gets what in the estate.

My question is who is the survivor of the 2nd executor? Is it his wife and if incapacitated the last surviving Executrix and/or Executor to serve in his or her place and stead.

What I'm understanding is that I should not have any real concerns?

I would rather not say anything about how sneaky and manipulative my brothers have been.

Thank you for your response

 

[anteater]

I have a copy of the Will but there are no witnesses attached...

Nevada requires two witnesses unless it is a holographic will.

NRS 133.090 Holographic will.

1. A holographic will is a will in which the signature, date and material provisions are written by the hand of the testator, whether or not it is witnessed or notarized. It is subject to no other form, and may be made in or out of this State....

Does your father own any real property? You could check how the property is titled - either to your father himself or to the living trust.

My question is who is the survivor of the 2nd executor? Is it his wife and if incapacitated the last surviving Executrix and/or Executor to serve in his or her place and stead.

As I said before, I have no idea what it is supposed to mean or how a Nevada court would interpret it. (Who wrote the will? An attorney?) But, if it came down to it, I tend to think that you would get a sympathetic hearing from the court if you objected to the brother's wife or kids succeeding your brother in administering the estate.

What I'm understanding is that I should not have any real concerns?

I did not intend to go quite that far. There are executors that "go rogue." But, during probate, you do have a forum in the probate court to rein in the rogue. And I was assuming that there would be a valid will with a provision to share your father's property equally.

Now he wants a new Will to specify who gets what in the estate.

I take it that the "he" is your brother. That is a concern.

I know that you may not want to, particularly if it might cost some money, but I would suggest that you check around for an attorney with experience in elder law to discuss your concerns. You might also want to contact whatever state agency deals with elder abuse. I don't know that what is happening would rise to the level that they would become involved, but it should not hurt to t least check.

In the meantime, keep every document that you can get your hands on in a safe place.

 

[babycakes]

Thank You, Ant

I'm on way to Nevada to check on my father, I will not be able to make contact for a few days.

He is my brother.

No, it is not a holographic will.

Yes, he owns real property with a reverse on it.

I will check into an attorney and I have had concerns for my fathers safety that is why I'm on my way to Nevada right now.

Thank you very much