Q: Can a landlord who is ex of testator after signing a divorce settlement in 1985 apply for probate on his estate
After signing a agreement not entitled to by judgement but continues to file knowingly she is not suppose to and taking trust money not intended to herself by law in ca his son was beneficiary to all financial with life ins beneficiary not reported in inventory and withholding 30⁰000 of estate funds to pay her attorney in the case and did not tell court
A:
In most jurisdictions, a divorce settlement or agreement generally does not affect a person's ability to inherit or act as the executor of the deceased spouse's estate. However, the terms of the divorce settlement may impact the distribution of assets and property from the estate.
In terms of probate, the executor of the estate is usually named in the deceased person's will. If there is no will or if the named executor is unable or unwilling to serve, the court may appoint someone to act as the administrator of the estate. The court may also consider objections to the appointment of an executor or administrator, including if the proposed executor has a conflict of interest or has engaged in misconduct.
If you have concerns about the conduct of the executor or administrator of an estate, you may want to consult with an attorney who specializes in estate law to understand your rights and options. Additionally, you may be able to bring your concerns to the attention of the court overseeing the probate proceedings.
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