Q: What happens if I refuse to sign the appointments or personal representative of my late fathers death?
A:
Yes, you can definitely refuse to be the representative of your father's estate. No one can force you to take on this responsibility. The job entails a great number of responsibilities, where you can be held liable if not completed correctly.
If you decline the job or resign after serving for a while, someone else must take over. If you're representative and you haven't yet begun probate, you should simply notify the alternate executor named in the will. If there isn't anyone, someone must either take over informally or begin probate proceedings and ask the court to be appointed an executor. If you resign as executor after having started probate court proceedings, you can submit your resignation to the probate court. The court will then appoint someone to take your place.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
