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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
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Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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So confused. Attorney who was supposed to be the executor of

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So confused. Attorney who was supposed to be the executor of my aunt's will was disbarred and is now serving time as a felon. My dad, who is the beneficiary of my aunt's estate is in poor health - but both (dad and aunt) are still with us. They want me to figure out what should be done now to make it so that everyone is covered should anything happen to either of them - and I don't even know where to start. There are also IRA maturation questions and tax questions. A) where do I start? B) does the fact that the attorney is now in jail make the will invalid because he can't do the job anymore? C) do I need an attorney and an accountant or will the bank be able to answer the IRA maturation and tax questions? D)since I am supposedto be the executrix of my parents' estate and my mother is still quite spry and perky, do I really need to worry so much about this? She and I are both in need of direction here.
Submitted: 1 year ago.
Category: Estate Law
Expert:  John Elder replied 1 year ago.
Welcome! Thank you for your question.

Once the attorney was convinced of a felony he became barred from qualifying as executor through the probate court.

The fact that the attorney cannot be the executor is not an issue. The will should have named a successor executor. That person would be the executor since the first executor cannot qualify. Nothing special will need to be done but the successor would have to apply as executor after your aunt dies.

If there is not a named successor executor then any family member can apply with the probate court to qualify as "Executor CTA" of the will after your aunt passes away. This is allowed through North Carolina statues and allows anyone to carry out the wishes in your aunt's will.

The only reason for your aunt to revoke and make a new will for your aunt is if she is concerned that the attorney did not draft it correctly or if she wants to change the beneficiary of the will.

To answer your questions: A) where do I start? When your aunt dies the successor executor or a family member will qualify as executor through the probate court. B) does the fact that the attorney is now in jail make the will invalid because he can't do the job anymore? No C) do I need an attorney and an accountant or will the bank be able to answer the IRA maturation and tax questions? Reply with your IRA questions and I will try and help. D)since I am supposed to be the executrix of my parents' estate and my mother is still quite spry and perky, do I really need to worry so much about this? I am not sure how your parents' estate has anything to do with your aunt's estate.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

Customer: replied 1 year ago.


Dear XXXXX,


My parent's estate and my aunt's estate are only connected if my aunt passes 1st, then her holdings become their holdings too and I have to figure out what to do with her house and land and stuff when they inevitably refuse to deal with it and dump it in my lap to decide. That was probably the wrong way to say that, but pretty much, there it is. And there was no secondary beneficiary on the last will I saw because it was the second one drawn - the first was when my uncle passed and the second (the attorney) became the executor and daddy became the beneficiary instead of my aunt. How confusing is that?

Expert:  John Elder replied 1 year ago.
It is fine that your dad is the beneficiary under your aunt's Will. I understand your concerned about the complexity here. However, you are making it too complicated.

Your aunt's land and home will pass to your father when she dies. You, or anyone else, can probate your aunt's estate to do all the procedures you are told to do by the probate court. The probate court in your county will guide you a bit on how to deal with your aunt's estate when she dies. Once that occurs your dad will own all her assets outright. This should not make his estate more complex because all the work on your aunt's estate should be completed by then.
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
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