Why can my dad’s girlfriend be named as personal representative for probate if they were not registered domestic partners?

She is considered disabled by the state for mental issues. Doesn’t make sense. My brother and I were told she can’t have the property but she can be the representative. Definitely a strange one there. We are having her sign off because she isn’t capable of such a task.

Asked on February 9, 2015 under Estate Planning, Maine


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Anyone can be appointed executor (personal representative) for probate as long as the person is mentally competent to handle those tasks.  The fact that your dad and his girlfriend were not registered as domestic partners is irrelevant regarding her appointment as executrix.

Since she is not mentally competent to serve as executrix, you made the right decision by having her resign.  Another executor of your dad's estate can now be appointed.  You can designate someone or the court can appoint someone.

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