Q: My brother was sole executor to our parents estate & has now passed prior to settlement, who will be executor now?
Our fathers will has a residue clause, if anyone predeceases me, his share be given to his then living issue, per stirpes, & in default of any such issue to be divided equally between survivors named above, (my sister & me) Does this include executor responsibilities, since my father has passed?
A: Apparently you father's will didn't name an alternate executor. In that case, a new one will have to be appointed. You and your sister and agree as to which of you may take that role or ask that one be appointed by the court. You can serve as co-executors as well. I highly recommend that you consult with an experienced estate attorney to determine what approach is best for you.
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