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
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.
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.
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.
