Howdo youmake someone the executor of an estate?

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Howdo youmake someone the executor of an estate?

My mother lives in MS and unable to travel to AR to sell her deceased parents home. Wants daughter to be executor.

Asked on June 24, 2011 under Estate Planning, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your mother cannot name her daughter to be executor of her parents estate; only the deceased may name the executor (and any back up or contingency executors, in the event that the first-named executor cannot or will not due the job), by naming it in their will; but once they've passed, obviously, it's too late for that.

However, that does not mean that mother needs to personally travel to AR. She hire people to do that for her--realtors; a business specializing in estate sales to sell her parents personal property, etc. She can even hire her daughter to do anything her daughter legally could (i.e. she can't be a realtor--unless she is a realtor licensed in AR--but she can go there to make repairs, do an inventory, hire contractors, etc.), though any such arrangments should be scrupulously fair and reasonably priced to avoid later challenges or conflicts; also, she should check the will, to make sure there's no restriction in it on who she can hire.


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