What can be done if an alternate executor has been appointed without notice to be the named executor of the Will, to which the named executor is sole heir?

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What can be done if an alternate executor has been appointed without notice to be the named executor of the Will, to which the named executor is sole heir?

Asked on February 13, 2015 under Estate Planning, Virginia

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  I find it hard to believe that there was no notice and that the alternate got him or herself appointed with out some one telling the named executor and sole heir.  If there has been some sort of fraud perpetrated on the court the heir and named executor should let the court know and object - even if the time to object has passed.  Under certain situations there is no time limit to object.  This may be one of them.  Good luck.


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