What to do if my stepfather was left as executor of my mother’s Will but he has not probated it and is spending her money?

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What to do if my stepfather was left as executor of my mother’s Will but he has not probated it and is spending her money?

He is acting like he is taking care of her bill,etc. The Will reads that after everything is paid my sister and I will split what is left of the estate. My mother owns 1/2 of the house. My step father keeps trying to get us to sign a quit claim deed. First, I have told him that I will not sign anything until everything has been legally settled and all monies are on the table. Honestly, I don’t think I can sign away something I don’t have. Is that correct? And secondly, can he legally be acting in the role of executor if he isn’t legally? What are my options?

Asked on December 16, 2012 under Estate Planning, Mississippi

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Sounds like your stepfather who may be the named executor of your mother's will, has not filed for petition to probate the will into court; merely because he is named in the will as the executor,  does not make him executor without court authority order. Suggest you obtain probate litigation counsel right away, without informing your father and file a petition to probate your mother's will, get yourself appointed the executor, so you can take control of the estate assets and be able to carryout the intentions of your mother. Sounds like your step father is committing waste to the assets of the estate. Don't delay.


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