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09-02-2019 03:44 PM
Yes, I know to call the attorney tomorrow morning! I had thought this a settled question, because I had been told so, but now I'm not sure.
My brain is bouncing all over the place, so forgive me. My father passed away today, and I don't know what to do with myself. It being a holiday is limiting what I can actually do. He passed away in a hospital, so we have made those arrangements.
My question is (I know we're not lawyers) is about his Will. He has been telling me for 10 years that I was the Executor. I never thought about it until his condition has deteriorated. I have a copy, and I am now confused as to if I am sole Executor or my brother is a Co-Executor, or what. My brother and I won't have any problem, but I just want to do what is correct. Relevant passage:
3.1 Executor, I name as my executor the first of the following who is from time to time willing and able to act:
(a) Hyacinth, my daughter
(b) Hyacinth's brother, my son
It's no wonder you NEED lawyers when what they write isn't clear to an average person.
Hyacinth
09-02-2019 03:50 PM
I can't give an answer to your question but I would like to express my deepest sympathies for your loss. Try not to make yourself crazy. You'll get through this.
09-02-2019 03:50 PM - edited 09-02-2019 03:53 PM
"A" would be the first sole Executor - that's you alone.
"B" would be if you can not or would not fullfill that role (as in you may have preceeded him in death or become very ill) then he has named "B" as a back-up Executor to fill that role.
Hope that helps. I am sorry for your loss.
09-02-2019 03:56 PM - edited 09-02-2019 03:59 PM
@hyacinth003 , so sorry for your loss. My condolences to you and your family.
I know you will speak to an attorney but I have to shake my head at people who do this to their children/heirs. Ambiguous at best. I hope you get along with your brother. If you do, I would treat this as a joint effort. If you don’t, I would say get ready for a battle.
Is your brother physically close to your location? I hope so or that will complicate it further.
Good luck. LM
PS, my FIL left a piece of property to two brothers. Why, when they don’t get along, would he do that? They don’t speak to one another but own a property together. This move only made the relationship worse.
09-02-2019 03:58 PM
If you can, take a deep breath and focus on your grief. Try to be with others who are grieving. Share memories and tears and perhaps a bit of laughter.
You'll straighten out the legel parts tomorrow. Just be glad that you and your brother get along well and the details regarding the executorship won't cause any bitterness. In so many families that sort of thing tears families apart. It seems not to be a problem with you and your brother, so that's at least the silver lining to this sad day.
09-02-2019 03:58 PM
oops typo legal
09-02-2019 04:06 PM - edited 09-02-2019 07:47 PM
The first person named in this instance is the executor and must perform execution of the will as per his specifications stated in the will. If it had stated "co-executors", "joint" or similar then both would be executors together. If first person is unable, i.e. serious illness, diminished mental capacity, pre deceased, unwilling to accept responsibility, then the powers go to individual #2.
Very sorry for your loss.
09-02-2019 04:06 PM - edited 09-02-2019 05:39 PM
I don't know the answer your question,but sorry for your loss, this just happened so you must be feeling a lot of things, wait until tomorrow.
09-02-2019 04:14 PM
@hyacinth003 I don't have the answer. I just wanted to express my sympathy.
09-02-2019 04:17 PM
I'd say it is you alone, with your brother as the substitute if you are unable.
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