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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22582
Experience:  14 yrs estate law, real estate. Wills/Trusts/Probate
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If an executor resigns via email . Then two months later tries

Resolved Question:

If an executor resigns via email . Then two months later tries to reinstate herself even tho the will states the executor may resign at any time without going to the court. Is she still a executor?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
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Has the person filed a petition to open a probate case for the deceased?
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Has the person been formally appointed as executor by the local probate court judge?
.
.
Thanks
Barrister
Customer: replied 11 months ago.

The first question is no. The second question is yes. There are three executors. Two sisters and a brother. She resigned in June even tho the will states she does not need to the court to resign.
Expert:  Barrister replied 11 months ago.
Ok, when someone is appointed as an executor to an estate, this is a formal legal appointment by a judge. The executor can then only resign by filing a formal request and notification with the court and by having the judge approve the request to resign. So regardless of what the will says, it won't trump the law that says any resignation of a legally appointed executor has to be done through the probate court.
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So if she never submitted anything to the court formally resigning and getting permission to do so, she never resigned. The will can't override the law.
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If this is the case, then from a purely legal perspective, she is still an executor (technically executrix).
.
,
Thanks
Barrister
Customer: replied 11 months ago.
What if the first question was yes. All three went down with my mother 's attorney to file for probate.
Expert:  Barrister replied 11 months ago.
What if the first question was yes.
.
It wouldn't change things. The reason I asked is that sometimes people just start acting like executors just because they are named one in a will, but never actually go and are legally appointed by a judge to be the executor. If this was the case, then she never would have been executor. But if she was formally appointed by a judge, she has to be formally allowed to resign by the judge despite what the will says...
.
.
Thanks
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22582
Experience: 14 yrs estate law, real estate. Wills/Trusts/Probate
Barrister and 9 other Estate Law Specialists are ready to help you

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