How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33755
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
19958803
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

If an executor resigns via email . Then two months later tries

This answer was rated:

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?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
Has the person filed a petition to open a probate case for the deceased?
.
Has the person been formally appointed as executor by the local probate court judge?
.
.
Thanks
Barrister
Customer: replied 3 years 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.
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.
.
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.
.
If this is the case, then from a purely legal perspective, she is still an executor (technically executrix).
.
,
Thanks
Barrister
Customer: replied 3 years ago.
What if the first question was yes. All three went down with my mother 's attorney to file for probate.
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 and other Estate Law Specialists are ready to help you

Related Estate Law Questions