What to do if my mother named me as her executor of her Will but my brother is now petitioning to be executer?

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What to do if my mother named me as her executor of her Will but my brother is now petitioning to be executer?

My brother is the contingent executor in the event of my death. It has been less than 2 weeks and I have just received papers from a lawyer representing my brother, saying that he is petitioning to be the executor. What should I do? I cannot afford an attorney.

Asked on March 15, 2014 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You are currently the executor: a challenge to your executor-ship is properly an expense of the estate, so your mother's estate (I am assuming she has passed away, otherwise this is moot) should pay for an attorney to uphold the terms of her will, which makes you the executor.


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