What are an executor’s rights?

My father died 14 years ago. In his Will, he named my mother as executor and in the event she is dead or incapacitated he named me as executor. My mother has had Alzheimers for the past 7 years, is in a nursing home, and is not capable of making any decisions, etc. I do not have my mother’s POA. I recently received a claim form from a class action settlement involving my father’s former employer that the employer used employee’s name and other information to invest in “corporate owned life insurance” without employees’ permission. As the executor of my father’s estate, can I submit the forms myself or must I turn everything over to my mother’s executor?

Asked on November 14, 2013 under Estate Planning, Ohio


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

Answered 7 years ago | Contributor

First, there has to be an estate proceeding that has been opened for any executor to act on behalf of your Father's estate.  Did your Mother do that 14 years ago?  If yes, then you can re-open the estate but you would ask that you be substituted given that there is this new "asset" - the funds from the lawsuit - because of your Mother's condition.  If there never was an estate opened then you can ask to be appointed because of your Mother's condition at this time.  You would just need proof.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.