Can my mother be the legal executor of my father’s Will if they were divorced?

It is uncontested; no Will. My mother and father divorced 10 years ago; they just couldn’t live together anymore but they still cared and loved for each other. My father passed with less than $150,00 in assets. The heirs want to make the ex-wife the executor. Is this legal? Don’t expect it to go to probate court?

Asked on June 6, 2012 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss. So there is no Will, correct? He died intestate? If no one objects to her being appointed then she can be appointed as the personal representative of the estate. She will not receive any inheritance since they were divorced but she may receive a fee for her appointment unless she waives it. Good luck.

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