What happens if you do not file a Will??

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What happens if you do not file a Will??

My 80 year old mother’s boyfriend died 8 weeks ago and he made her the executor. She has no money, no car and no computer; she couldn’t even file the Will due to no money. She did, however, manage to file a motion to be removed as the executor. She received a letter telling her to appear in court. Is this normal procedure for the motion or could it be possible that the family has filed against her for not performing her duty?

Asked on January 27, 2018 under Estate Planning, Colorado


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

Answered 4 years ago | Contributor

The Court will likely not force someone of her age and limited resources to act as the executor of the estate.  She needs to explain that it will be a hardship for her.  Sometimes people appoint people that they trust not realizing that it can take its toll and the other person is unsuspecting of being named.  Going to court to answer the motion is normal and necessary.  She likely does not need an attorney if she can plead her own case.  Moral support might help though.  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 lock Secured with SHA-256 Encryption