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Honored Contributor
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Registered: ‎03-10-2010

Re: Question about a Will

[ Edited ]

 

@hyacinth003 

 

My deepest condolences on the death of your father. As for your legal question, I could only speculate. I do however suggest you try to push those things as far back in your mind as able, just taking care of certain arrangements now, is enough for you to handle. Hopefully you can contact your attorney tomorrow.

 

My thoughts are with you and your family,

 

 

 

hckynut

hckynut(john)
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@hyacinth003  So sorry for you loss...my mom also died on a holiday....so I understand....the will:  to me you are 1st in line and if you cannot do the job, then it goes to your brother.

 

One day at a time....take care.

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I am so sorry about the loss of your father.  

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I am sorry for your loss.

 

As stated, you are the executor unless you can't, then (b) becomes executor.

 

Most lawyers will strongly advise against co-/joint executors.

 

Will language is definitely interesting, especially in Virginia.  They use very funny phrasing and I had to question a few things in mine to make sure they meant what I thought they meant.

 

 

 

 

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# IAMTEAMWEN
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  @hyacinth003   I agree with others, that the way it is worded it would be you. But it is strange

wording and I think you should both be named, it’s  probably not necessary if you are the only daughter and son. 

   I’m very sorry for your loss, and wish you strength in the days ahead. 

   

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@hyacinth003So sorry for your loss.

 

As you said, you need to contact the attorney --  you'd have to do that even if the language felt clear to you. 

 

I think it is clear that you are the sole executor.  Your dad and his attorney were trying to be sure there was an executor in case you had to decline or wanted to decline for some reason.   What I think, however, does not count -  I'm not the attorney and I have no dog in the race.

 

I do hope you and your brother can grieve together and work together on the estate even though only one of you is named.  .

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@hyacinth003 - my sympathies to you on the loss of your dad.  I’m so sorry. 


Why is it, when I have a 50/50 guess at something, I'm always 100% wrong?
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@hyacinth003 

I also echo the sympathy messages from others.  I lost my dad nine years ago and I think of him every day.

Image result for sympathy flowers

 

Just one point of legalese, you are the executrix (female) of the will.  

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Registered: ‎05-23-2010

@hyacinth003 wrote:

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   Cat Sad

 


I’m no lawyer, but this seems to indicator you are coexecutors; both listed together as “first.”

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@hyacinth003 wrote:

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   Cat Sad

 


@hyacinth003 wrote:

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   Cat Sad

 


I’m no lawyer, but this seems to indicate you are coexecutors; both listed together as “first.”