Hot Springs National Park, AR asked in Probate for California

Q: Wife is executor and sole beneficiary of her mother. Probate almost completed, deeds being transfered. Only thing NOT

Only thing left is transfer of her mothers 2 bank accounts. Here is problem. My wife is stage 4 lung cancer, very near death and unable to complete the transfer. Can a new executor of her mothers will be appointed (there is noone else in family) or better to wait until my wife passes. Oh, and we are 1600 miles away

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2 Lawyer Answers
Ben F Meek III
Ben F Meek III
PREMIUM
Answered
  • Probate Lawyer
  • Oklahoma City, OK

A: Contact her lawyer for the probate matter and tell him or her the problem. They will help you. You may be able to be appointed, if you're qualified. The lawyer can tell you. Don't wait. It won't get easier. Best wishes.

Carol A Fauerbach
Carol A Fauerbach
Answered
  • Probate Lawyer
  • Folsom, CA
  • Licensed in California

A: If there is an attorney handling the probate of your wife's mother's estate, they should be able to petition the court to appoint a new executor. If there is no attorney, you should seek the assistance of an attorney to help you in requesting the appointment of a new executor who can finish the transfer of assets and close out the probate. You would be potentially eligible to be the executor. Delaying this until your wife passes will only complicate matters. Hopefully you and your wife have an estate plan in place so as to avoid probate should either of you pass away. If not, and if your wife is alert enough to execute an estate plan, you and your wife should consult an attorney to have this done as soon as possible to avoid probate, simplify the transfer of property, and reduce costs and time of estate administration.

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