What happens if you do not file a Will??

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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

Answers:

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

Answered 3 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.


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