Q: What can I do to become executor when named executor moved out of state?
My mother named in her will my brother to be executor, durable power of attorney for her finances and healthcare/advanced directives. My brother announced in the second week of July he was moving out of state to build a new house and retire. My mother then tried to change her will and have me to become her power of attorney and executor but ( I believe because of the added stress) had a stroke two weeks later and three months later died before this was completed. She even told her doctor that this was why she was depressed and was losing will to live.The doctor instructed me to get this completed but she could not get this finished because her lawyer took too long to come see her and the one day that he did come she was too ill so was come back but did not on the day specified and she died waiting. This is only a small part of my issues and problems with the handling of this estate and its executor. Is there any thing I can do on this subject?
A: I am not sure what your question is. The fact that your brother is moving out-of-state does not prevent him from continuing to serve as Executor of the estate. If, however, your brother chooses not to continue to serve as Executor, a lawyer can prepare a simple form for him to renounce, i.e., to quit. The lawyer could then prepare a simple petition for you to become the substitute fiduciary. If you are actually named in the Will as the alternate, you would be the new Executrix. If you are not named in the Will as an alternate, you would become an Administratrix (with some letters after the designation). Although the title is different, the roles and powers are the same.
You need a lawyer to do this.
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