Executors job taken away from me

I was named 1 of 2 executors of my aunt’s Will and the other person doesn’t want to do it, can her mother just take over the job or is there a legal form to fill in please? I have been checking your site to see what my duties entailed as i wanted to do my aunt proud, it says there are many things that I have to do and thought yesterday after the funeral I would get all the paperwork and a list of of those duties. It transpires that the mother of the other executor has done everything and I was lucky to get just a copy of the Will. When I returned home I read through it and to my surprise I am included in the Will, this really did shock me as I though I was just an executor. This all seems to have been taken out of my hands and that was not what my aunt wanted so I have no idea what her estate comprised of, I have nothing at all to go on. Is this legal please? They also want to leave 2 children out who to my reading of the Will are included, surely that is not allowed is it? I don’t want to cause a fuss but it all seems to have been done behind closed doors and i was looking forward to doing something useful for my aunt. It seems i am surplus to requirements so I am bewildered. My cousin reminded me that we were both executors and could I stay behind after the funeral so was expecting to be given paperwork of some sort.

Asked on October 20, 2017 under Estate Planning, Alaska


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

Answered 3 years ago | Contributor

Oh my goodness.  You have a great sense of right and wrong here and you need to get legal help asap.  Someone can not just "step in" to the position of Executor for someone else and you can not be relieved of your duties like that.  Your Aunt has no rights and you need to have an attorney file objections asap, especially if you were not given any notice.  It can get complicated.  But please do not let her continue here.  It is not what your other Aunt wanted.  And that is all that matters.  Good luck.

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