My mother died and all four of us kids are on the will as executors. When this goes to probate court, do we all have to be physically present? My sister that lives in Virginia wants us to all sign a paper that says she can represent us, but I am not sure about that.
Country relating to Question: United States
State (if USA): Virginia
Welcome! Thank you for your question.
Unfortunately unless you sign a paper that says that she can act as sole executor then all of you will have to be present and sign everything that is done. What she is asking you to do is renounce your right to serve as executor. This does not give up your right to your portion of the estate but does give up your right to administer the estate with her. You do need to know that the executor does have a lot of power with an estate and can abuse the power at times. The executor sets the time table for administering the estate to some extent. The executor also controls the valuation of assets if there is a dispute on asset values. You are correct to take the decision to renounce your right to her as a big decision that you must carefully consider.
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Should I choose not to sign over to her, in general do executors go to court one time or multiple times as I live in New Mexico. She had a will, why would probate be necessary and is there an accounting at the time we go to court for all her assets.
If you have an attorney helping in VA then you will only have to go to court once or you could probably sign documents in New Mexico to qualify as executor. If you do not have an attorney then you will likely need to go to court multiple times to file accountings and make reports to the probate court.
Over 14 years experience in Medicaid, Estates, Trust.
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