I want to be appointed exeutor of my deceased mothers estate wtihout using an attorney. How is this done?

Question

There is an existing will (from 1985) that appointed an adopted cousin to be executor. I don't trust him. I have heard that I could file a form and with a court date...present my request to the judge wihout an attorney.

Answer 1

First, if the estate is still open since 1985, you may have an argument for removing the executor. Second, you cannot be the executor, since you are not so designated in the will. You could be appointed administrator "with the will annexed," or whatever term is used in your state.

You don't need lawyer, but the lawyer for the estate will take you on, and if you don't know estate or probate law and procedure, not to mention equity principles and how to make a case for the removal of the executor, you will lose. And you may be ordered to pay the estate's lawyer and any any costs associated with your action. Sure you want to take that on?

If so, your first problem will be finding out what form you need. In some states, you have to file a complaint, in others, a motion. In some states, the motion is to replace the existing executor for reasons stated (and later proved). In others, the motion is to remove the executor, and there is a separate process for appointing an administrator.

Have fun.

Answer 2

An executor is the person responsible for settling a deceased person's estate. As executor, your duties include inventorying, appraising and distributing assets, paying taxes and settling debts owed by the deceased. You are in a fiduciary position and are legally obligated to act in the best interests of the estate and the deceased, while carrying out the wishes expressed in that person's will or, if no will, then to follow your state's succession laws. While this may sound a little overwhelming, remember that you can hire professionals to assist you. For example, you can engage an attorney to help with the probate process and an accountant to file any tax returns that may have to be filed with the state or the IRS.

Though you CAN go it alone without an attorney, you've mentioned that your mother directed her executorship to a cousin. This alone will be a legal issue that an attorney will be more able to handle than one without a legal background.

Best wishes!

Answer 3

Definitely get an attorney! I can't stress that enough! Everything was fine between my stepdad and I, he and my mom had been married quite awhile, but when she got sick.....and died.....he took EVERYTHING and married his "girlfriend" on the side, who is now living off the money that MY mom worked for........PLEASE get an attorney!