Who is the executor?
November 14, 2013 1:30 PM Subscribe
A relative passed away this Summer who was the executor of an estate that was "finalized" 20 years ago. Now there are new assets found from the estate. Is the relative's surviving spouse the new executor?
I know I can only receive educated guesses in this thread, and that's fine. I was talking to a relative today. She told me that there have been new accounts found relating to another relative's estate that was thought to be settled around 20 years ago. The relative I was speaking to is the surviving spouse of the original executor. The original executor passed away this past summer. The relative received mail recently, at her address, but addressed to the long-deceased other relative, addressing some new accounts that have been found in long-deceased relative's name. Now the surviving spouse wonders if she is the executor of this estate.
I know I can only receive educated guesses in this thread, and that's fine. I was talking to a relative today. She told me that there have been new accounts found relating to another relative's estate that was thought to be settled around 20 years ago. The relative I was speaking to is the surviving spouse of the original executor. The original executor passed away this past summer. The relative received mail recently, at her address, but addressed to the long-deceased other relative, addressing some new accounts that have been found in long-deceased relative's name. Now the surviving spouse wonders if she is the executor of this estate.
Does the will specify an alternate executor if the original executor is deceased? Mine does, and so does my dad's. If not, then you should contact the probate court and/or an estate attorney, who should be able to assist.
posted by bedhead at 1:58 PM on November 14, 2013
posted by bedhead at 1:58 PM on November 14, 2013
This is not legal advice, and I am not your lawyer; you need to consult an estate attorney in your jurisdiction. As noted above, the laws of trusts and estates vary significantly between jurisdictions.
Typically, if the executor of an estate is unwilling or unable to serve, the relevant probate court will appoint an executor from among the parties who have an interest in the estate. Sometimes that can include creditors, but if it's 20 years later, I expect that the court would just look to the beneficiaries (and possibly their heirs, depending on how the original will was drafted). I doubt it would be the surviving spouse of the original executor, unless she has some interest in the will. Moreover, even if she is a beneficiary, executorship would not pass to her as a matter of succession just because of her deceased husband's service, like a property right. Does the original will still exist? If not, the asset may fall under the rules for intestate succession (i.e., the default rules where there's no will). Just because Uncle Louie's will said "all bank accounts go to Jane" does not necessarily mean this bank account will go to Jane if there is no longer a will to be probated.
Again, probate rules vary significantly. You need a competent lawyer to advise you on this. I am not your lawyer, and none of the foregoing is legal advice.
Best of luck.
posted by Admiral Haddock at 2:27 PM on November 14, 2013 [2 favorites]
Typically, if the executor of an estate is unwilling or unable to serve, the relevant probate court will appoint an executor from among the parties who have an interest in the estate. Sometimes that can include creditors, but if it's 20 years later, I expect that the court would just look to the beneficiaries (and possibly their heirs, depending on how the original will was drafted). I doubt it would be the surviving spouse of the original executor, unless she has some interest in the will. Moreover, even if she is a beneficiary, executorship would not pass to her as a matter of succession just because of her deceased husband's service, like a property right. Does the original will still exist? If not, the asset may fall under the rules for intestate succession (i.e., the default rules where there's no will). Just because Uncle Louie's will said "all bank accounts go to Jane" does not necessarily mean this bank account will go to Jane if there is no longer a will to be probated.
Again, probate rules vary significantly. You need a competent lawyer to advise you on this. I am not your lawyer, and none of the foregoing is legal advice.
Best of luck.
posted by Admiral Haddock at 2:27 PM on November 14, 2013 [2 favorites]
Most states give preference to the person nominated, then the nearest relatives. This may be a "who steps back last" situation.
posted by megatherium at 3:48 PM on November 14, 2013
posted by megatherium at 3:48 PM on November 14, 2013
Response by poster: Thank you all for your answers. I realized before asking the question that my relative will need to speak to an attorney for final legal advice. She was mostly just curious. For what it's worth, she is hoping that she is not the executor, so this thread might reassure her.
posted by Slothrop at 6:13 PM on November 14, 2013
posted by Slothrop at 6:13 PM on November 14, 2013
nobody can be forced to serve as an executor. after 20 years and the first executor dead, an interested party will have to petition the court for the appointment of a new executor.
posted by bruce at 6:18 PM on November 14, 2013
posted by bruce at 6:18 PM on November 14, 2013
I'm also wondering if the new contact about the 20 year old long lost accounts are actually some kind of scam.
posted by taff at 5:45 AM on November 15, 2013 [1 favorite]
posted by taff at 5:45 AM on November 15, 2013 [1 favorite]
she is hoping that she is not the executor
If she doesn't want to be, then she won't be. Executors are not created by operation of law. If someone does, there is no executor of their estate until a court appoints one, and if an executor dies, there isn't a new executor until the court appoints a new one. Courts won't appoint an executor who doesn't want to serve.
posted by valkyryn at 8:59 AM on November 15, 2013
If she doesn't want to be, then she won't be. Executors are not created by operation of law. If someone does, there is no executor of their estate until a court appoints one, and if an executor dies, there isn't a new executor until the court appoints a new one. Courts won't appoint an executor who doesn't want to serve.
posted by valkyryn at 8:59 AM on November 15, 2013
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posted by Ruthless Bunny at 1:35 PM on November 14, 2013