Potomac, MD asked in Estate Planning for Maryland

Q: What happens if the testator dies, then the executor of his/her will dies before carrying out executor responsibilities?

There are only two children of the deceased involved as beneficiaries and they detest one another.

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1 Lawyer Answer

A: A well-drafted will should name a back-up if the first named Personal Representative cannot carry out their duties. If the will identifies no back up an interested person can petition the court to fill the vacant role.

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