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 FamilyAttorney Your Own Question
FamilyAttorney, Lawyer
Category: Estate Law
Satisfied Customers: 1503
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Type Your Estate Law Question Here...
FamilyAttorney is online now
A new question is answered every 9 seconds

My minor childrens mother just past. We haven't been married

Customer Question

My minor childrens mother just past. We haven't been married for almost 4 years. We had wills made up during our marriage. Her will states that all references to her spouse are to him directly.....then it states that If her spouse falils to survive me , such property shall be distributed as a part of my residuary estate. then later as personal representatives.....designation- I nominate as my personal representative my spouse.
Succession-- In the event a vacancy exists, for any reason, in the office of personal representative, she nominates as substitute personal representative (persons name) my friend who lives in ...................
Trustee..designation---I appoint (name of substitute representative) as my trustee.
Submitted: 1 year ago.
Category: Estate Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a licensed attorney with 36 years’ experience. My practice is limited to family law and appeals, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with rating me at the end of our discussion? Thanks!

Please also understand I am typing my answer to your question – usually a detailed answer – and I’ll be back to you asap.

Expert:  FamilyAttorney replied 1 year ago.

A personal representative in Idaho is like an executor. After someone's death, the executor’s primary job is to protect the deceased's property until any debts and taxes have been paid, and then transfer what’s left to those who are entitled to it.

The executor must be:

  • at least 18 years old, and
  • of sound mind -- that is, not judged incapacitated by a court.
  • not convicted of a felony

In addition to the restrictions above, an Idaho probate court will reject a potential executor found to be “unsuitable in formal proceedings.” It’s highly unlikely, but if a question arises about the qualifications of the person you’ve named as your executor, the court will hold a formal hearing in front of everyone with an interest in your estate -- such as your spouse, heirs, creditors, and other potential executors. At the hearing, a judge will determine who is best suited to serve as executor and terminate any appointment found to be improper. (Idaho Code §§ 15-3-203, 15-3-414.)

What probably happened here, which could have been prevented, is that your former wife failed to update her will. Because she failed to update the will, you're still on it. The court may want to hold a hearing to decide whether you should still be the personal representative/executor.

Your best bet is to find a wills and estates attorney right away to review the will. The court may use the substitute personal representative listed in there -- her friend, but if it doesn't have a problem with you being the representative, then it will proceed that way. She may have left things to you, she may not have, but it's likely this is an old will that she failed to update before her death.

I can send you a list of attorneys in your area who handle wills and estates if you let me know what town or city you're near, the bigger the better because there will be more attorneys to choose from, and I'll show you how to pick an attorney.

Expert:  FamilyAttorney replied 1 year ago.

Does this answer your question? If you need more information, let me know as I’m happy to give it.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Kindly rate me positively so that I can get credit. It is no additional charge to you.

Please accept my answer, rate my answer as one of the top three faces/stars and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you and best of luck to you!

Please let me know if you need any more information, such as where to find an attorney in your area, or anything else related to this question. Id' rather be rated positively and if I didn't answer all of your questions, I'd like to have a chance to make sure that I do. Thanks in advance for rating me.