Can my sister-in-law become executive over my dead husband’s estate even though he did not give her that right and he has 3 grown sons and a wife?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my sister-in-law become executive over my dead husband’s estate even though he did not give her that right and he has 3 grown sons and a wife?

Asked on April 3, 2012 under Estate Planning, Illinois

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

If he died intestate then the she would probably be third in line to be administratrix.  The wife would have first right and then the kids to serve as administrator/trix. 

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  I am assuming that your husband died intestate or with out a Will when you say here that he did not name her as executor.  Then she is applying to the court to be appointed.  She can and you can object.  You can ask the court to be appointed as the personal representative of your hsuabnd's estate and your children could as well.  In some states the spouse is the only one who can apply.  Please seek legal help.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption