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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35374
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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This is a follow-up question. My father passed away in

Customer Question

This is a follow-up question.
My father passed away in August and I was recently notified of it. We were estranged for 20 years and his "girlfriend" just let me know that I was not included in the will. I went to the registrar of wills yesterday to receive a copy of the will, only to find out that it is still in review. My father had named his girlfriend as the executor and she filed the will on Spet 28th (he passed on August 21). In this time she has sent me the will and paperwork indicating that she has abdicated her role as executor and has named me to take her place. My question is....what do I do now? The will states that he has "one child not to be named in this or any will or testament", however, he does name any beneficiaries.
Also, as stated above, his girlfriend is named as executor, she signed the will as witness, but now refuses to be executor.
What are my leagal rights and responsibilities?
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 months ago.

Hello again,

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Do you want to be the executor?

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Are you named in the will to receive anything?

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thanks

Barrister

Customer: replied 5 months ago.
I do not want to be executor. I am not named in the will. "One child not to be named in this or any will or testament" Also the girlfriend has sent me the ket to the house from our previous conversation
Expert:  Barrister replied 5 months ago.

Then you are under zero obligation to do so.. She can't order you to be executor...it is a voluntary position. So you can just say "no" and leave it at that. Then she will either have to do it herself or find someone else who will do so..

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thanks

Barrister

Customer: replied 5 months ago.
Interesting, the registrar of wills, claims that I may be "compelled" to do so. She signed a statement and filed it along with the will. He also did not name anyone as beneficiary. What happens now?
Expert:  Barrister replied 5 months ago.

Nope, you can't be forced to take a job...that is called "indentured servitude" a.k.a. slavery.. So you can tell them to go pound sand because you don't want the job.

Customer: replied 5 months ago.
LOL!
There seem to be issues with the will itself, is this something we can discuss or should I seek council elsewhere? For example, he was a resident of Bowie, MD but the will claims Falls Church, VA (where he dies and where his girlfriend lives). His signature does not have a date, thought the date of the will is August 14, (he died on August 21)
Expert:  Barrister replied 5 months ago.

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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As for the date, the presumption is that is was the same date as the will.

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And with regard to the residency, that would have literally been up to him as to where he considered his residence if he was living somewhere and intended to stay..

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If you wanted to contest the will, you could do so if he was heavily medicated during his last days and didn't know what he was signing. But will contests are expensive up front to hire an attorney to see if his doctors would testify that he was medically incompetent to sign a will..

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thanks

Barrister

Customer: replied 5 months ago.
OK, thanks so much for your help....again
Expert:  Barrister replied 5 months ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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Thanks much

Barrister

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