What happens when the executor ofa Will dies first?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happens when the executor ofa Will dies first?

My grandmother has passed away recently and my father, who died last year, was the named executor of the Will. It states that he was to receive the entire estate and his 2 sisters were to receive nothing. Although my father shared with me that he planned to share it equally with his sisters. The bank accounts have my father’s name on them also because he took care of all my grandmother’s bills. What happens now? Will my sister and I receive our fathers share or the whole estate or nothing? Will my mother receive anything? Do I need to request that executorship?

Asked on May 15, 2011 under Estate Planning, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The death of a will's executor does NOT affect the will or its bequests. The beneficiaries under the will should still receive what he or she would have received under the will. The court will problably appoint someone to administrate the will. Typically, if a beneficiary of a will predeceases the maker of the will, his or her share will then pass to those who would inherit from him or her. Given what is at stake--your inheritance--you should speak with a trusts and estates attorney to see how to make sure that you get everything to which you are entitled, as quickly as possible. Don't be passive; you have rights in a situation like this. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption