Legal Question?

[Hockey_MLnut]

Hey everyone,

I was hoping someone would have the answer to my question. Okay so here goes my mom passed away early this month. Her will was done a long time ago when my mom and dad were married. So he was the executor of hers. He died 5 years ago but by then my mom was common law with my step father. Now that she is gone and he was told by her lawyer that he is not named executor so he can not look at the will and the lawyer hasn't told him if I am the executor.

Now since I am her next of kin would that mean I am the executor???

Thanks everyone!

 

[oldjones]

As the son, and therefore presumably an heir, I was told by a lawyer you do have a right to see for yourself whether you inherit or not. Common-law survivors can have serious difficulties unless they are specifically named and provided for. They basically have to prove they're not opportunistic gold diggers. The lawyer can, and should tell you, or anyone who the executor is—eventually they will have to file the will, and the 'secret' will come out. It need not be a relative, at least that's so here (ON). Which raises a point: What jurisdiction are you talking about? Laws differ.

 

[landscaper]

if the will has not changed the executor would probably be as named. The death of the executor is a problem that could make lawyers rich. The will has to be probated and the estate would be divided as per the will. I would ask the lawyer if you could be named executor. At that point you would have to all the work to settle the estate but you would not have to pay anybody to do it

 

[HrCa]

Well, you know who isn't the executor (or a beneficiary) since the lawyer wouldn't give a copy of the will to your step father. If you were the executor, the lawyer would have told you that by now. If you are a beneficiary, you are entitled to have a copy of the will.

What might be causing difficulty is that you said your mother's will wasn't changed after your parents separated. If her will basically said "leave everything to John Smith, my husband", then that probably why the lawyer is being a bit cagey, since your father has died. It all sorts itself out, but it takes a bit longer.

In the case where the named person can't/won't serve as executor, I thought the beneficiaries could "elect" someone, but I am not positive. If nobody wants the job, then I think the Province gets to act as executor (which is probably not the best solution).

 

[fuji]

If a lot of money is at stake get your own lawyer to represent you. Do not rely on the estate lawyer, as it sounds like the estate lawyer is not your lawyer.

 

[buckwheat1]

most people have a backup executor in there will. If the first one dies within so many days the second one takes over my first is my spouse and my father in law is second