Q: My husbands parents passed away, no will and no one named as executor.
He has 1 sister and 1 brother. They want me to be executor as I have experience (I’ve done this before). Sister does not agree with them and does not want me to do it. If the 2 brothers agree and sister does not, what do we do?
A: The 2 brothers who do agree should sign renunciations of their right to seek appointment of personal representative, and in the renunciations they have the right to nominate you instead. You would file an application or petition to be appointed personal representative, with notice to all interested persons including the sister. There are other documents that would also need to be filed with the petition, such as a notice of intent to be appointed personal representative, and a testimony regarding heirs. The sister would then have 14 days to object to your appointment as personal representative by filing her own petition to be appointed personal representative instead. For more information, a probate attorney in your area can help you. Call one - many will offer a free consult.
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