Esteemed Contributor
Posts: 7,319
Registered: ‎03-09-2010

@Lilysmom wrote:

@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.





@Lilysmom,  not naming a secondary executor would have been irresponsible.  If not done and the individual named cannot or will not act as executor it would/should lead to a court appointed executor.  That most likely would be a family member but not necessarily.

The more I learn the more I realize how little I know.
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Trusted Contributor
Posts: 1,941
Registered: ‎11-21-2011

It should be you. It's the first of the following list who is willing and able to do it. There could be a list of 10 people and you start with the first and work you're way down if the first person can't do it.


Very sorry about your Dad.

Respected Contributor
Posts: 4,036
Registered: ‎07-25-2010

When I read it, my understanding was that you are the executor..,,,if unwilling or unable, then your brother is appointed.


I didn’t deduce from how it is written that you were co-executors.


 So sorry for your loss, @hyacinth003 .  

Trusted Contributor
Posts: 1,879
Registered: ‎11-24-2011

@hyacinth003  My thoughts and prayers for you and your family during this difficult time.

Frequent Contributor
Posts: 102
Registered: ‎03-23-2010

I was executress for my Dad and I highly recommend you turn it all over to an attorney.  Best decision I ever made, you won't believe how much there is to do.  My condolences it is a very difficult time.

Honored Contributor
Posts: 12,488
Registered: ‎03-09-2010

My sister and I were listed as co-executors in my dad’s will. Since she worked full time and I was retired, we decided that I’d handle everything.  We met with the lawyer and my sister just had to sign a document relinquishing her position.  I took that and some other document to the probate court in our county and then got the Letters of Testsment. It was painless. No big deal.  


His estate was pretty complicated. He passed away in late July and I worked diligently at it and had it all done by December 1st.  We’d sold my parents home a few months before he passed away so that helped. 

Why is it, when I have a 50/50 guess at something, I'm always 100% wrong?
Respected Contributor
Posts: 3,598
Registered: ‎07-11-2010

@hyacinth003 ...I am so sorry to hear of the loss of your father. I agree with many of the posters that you most definitely should seek legal help. (((Hugs))).

I promise to remind myself every day that I am strong, courageous, and resilient.
Honored Contributor
Posts: 41,173
Registered: ‎01-08-2011

So very sorry about your father.  Get an attorney.  Things will have to be filed anyway.  

People change when money is concerned.  Just blame it on red tape that has to be delt with.

Esteemed Contributor
Posts: 5,296
Registered: ‎08-28-2010

My father named my cousin as executor with me as a back-up.

Respected Contributor
Posts: 2,130
Registered: ‎07-01-2012

Re: Question about a Will

[ Edited ]

Sincere condolences on the loss of your father.

There is much to be taken care of as a family. Your mind is certainly full of all things.

You have a heartache, and are feeling stressed. Do what needs to be done for your Dad and his arrangements. Take a moment to grieve, and to cry, and to remember.


You do need to speak with the lawyer who did the will, and he will advise you as to what your responsibilities are.

Wills, probate differ state by state, and so do the different classes of beneficiaries, and taxes. The lawyer will explain all this to you later after you inform him of the death.


Sincere sympathy to you and your family.