Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am a South Carolina resident and my wife died a year ago.

Customer Question
I am a South Carolina...
I am a South Carolina resident and my wife died a year ago. I wish to appoint a friend as executor. If he is unable to perform thus, can I provide in my will that the probate select someone else as executor?
Submitted: 8 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 minutes by:
6/23/2010
Estate Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 126,842
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
In your will you can provide either for a successor executor or you can stipulate that the court appoint a new executor (which is the default provision under the law.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 126,842
126,842 Satisfied Customers
Experience: Experienced in Trust and Succession Law, including Louisiana Laws

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My friend's husband died 1.5 years ago with a will, leaving
My friend's husband died 1.5 years ago with a will, leaving everything to her and appointing her as executor. She has some mental issues (anxiety) and I have POA. The estate has value less than $10,00… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,086 satisfied customers
In a case where a friend dies suddenly with no will, no
In a case where a friend dies suddenly with no will, no executor and no familiy member wants to be executor, how can a house be sold? I bought a house in PA with my friend, tenants in common. The hous… read more
LegalGems
LegalGems
Juris Doctorate
12,788 satisfied customers
Administratrix C.T.A. Which of the following is an example
Which of the following is an example of the unauthorized practice of law by a paralegal? … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
Is it possible to relieved the 2nd chosen executor named in
is it possible to relieved the 2nd chosen executor named in a will by consent of heirs and survinging trustees (2) and does the executor need to listen to the wishes or request given by the trustee su… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
If a will appointed a lady in Mississippi , but she is
if a will appointed a lady in Mississippi , but she is unable to serve due to illness , can she the 1st PR simply cede her PR position to one for 2 surviving brothers living in Illinois? This per a de… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
Can a New York bank having fiduciary powers serve as a Trustee
Can a New York bank having fiduciary powers serve as a Trustee and/or Executor of a South Carolina trust and/or Estate.… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
My wife & I have just completed our trust and will in South
My wife & I have just completed our trust and will in South Carolina with our who lives in Minnesota named as executor. Will this work out, someone mentioned to me that the executor has to reside in S… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
On September 7, 2013, my brother Robert Phillip Wood, died
On September 7, 2013, my brother Robert Phillip Wood, died in South Carolina. I live in New York and so did he until January of this year when he and his girlfriend decided to move to Lexington, South… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,867 satisfied customers
My mother died in June 2012. All assets were joint so no probate
My mother died in June 2012. All assets were joint so no probate was required thus an estate was not opened and there is no executor for her at this time. My father died same year in December. I am hi… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My Mother died several years ago, leaving a will and trust
My Mother died several years ago, leaving a will and trust naming myself as the Trustee and Executor of her estate. The will and trust were written in Fla. (where she was a resident), she moved to N.C… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My stepson, who lived in Fl, died intestate last year.He owned
My stepson, who lived in Fl, died intestate last year.He owned property in DSC. His father is his nearest living . What is the SOL for filing for this estate?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,350 satisfied customers
Can my sister, who is the Executor of my mothers estate, name
Can my sister, who is the Executor of my mother's estate, name a replacement executor should she become unable to continue her duties?… read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
If a person was residing in Milwulkee Wisconin, died and has
If a person was residing in Milwulkee Wisconin, died and has property in South Carolina, how can the property in SC be transferred into the name of the person the property was willed to, which also re… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
Can an executor who lives out of state from the decedent remove
Can an executor who lives out of state from the decedent remove the decedent's property and take it out of state?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
My father passed and his Last Will and Testament lists me as
My father passed and his Last Will and Testament lists me as his Executor. I had no idea that I was to 30 days after his death forward his will to probate for validation now a "lady friend" has applie… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My father in law died without a will. He has four adult children
My father in law died without a will. He has four adult children and owns his primary residence. Who can be appointed executor of his estate?… read more
JaxLaw
JaxLaw
Associate Attorney
Doctoral Degree
1,722 satisfied customers
I had a cousin in South Carolina who married a man with childern.She
I had a cousin in South Carolina who married a man with childern.She inherited a property. She died. The husband did not finish the Probate.Now he is dead. What happens to the property. Can his childr… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
my wife passed away five years ago and left no will and no
my wife passed away five years ago and left no will and no excetor was named. i now need to get my house deed change to my name only instead of both our names. how can i do this?… read more
ProbateAttorney
ProbateAttorney
Doctoral Degree
268 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x