What happens if my grandmother just died and my aunt was the executor but she passed away 3 years ago and the Will was never updated?

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What happens if my grandmother just died and my aunt was the executor but she passed away 3 years ago and the Will was never updated?

Does the lawyer become the executor and, if my mom who has passed away, does whatever would have been left to her pass on to me as her heir?

Asked on October 30, 2012 under Estate Planning, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If all designated executirs in the Will of your grandmother are no longer alive then a member of your family typically probates the Will and seeks to be appointed the executor on its behalf.

If your mother pre-deceased your grandmother, you need to carefully read the Will to see if you end up with her share or not. I suggest you consult with a Wills and trust attorney to assist you in the matter that you are writing about in that things appear a bit complicated.


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