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My husband has been told that he is the executor of his

Customer Question
My husband has been...

My husband has been told that he is the executor of his brother's will. The brother has recently passed away. When my husband asks about getting a copy of the will, he receives no response from the widow other than "there is nothing to do".

Lawyer's Assistant: Estate laws vary by state. What state are you in?

We live in Arizona, and the deceased brother was a California resident.

Lawyer's Assistant: What documents or supporting evidence do you have?

None

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Should my husband simply "resign" as executor due to his age (82) and poor eyesight? Would this avoid challenging the stonewalling widow.

Submitted: 4 months ago.Category: Estate Law
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Answered in 4 minutes by:
3/12/2018
Estate Lawyer: KLAW, Lawyer replied 4 months ago
KLAW
KLAW, Lawyer
Category: Estate Law
Satisfied Customers: 2,375
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Estate Lawyer: KLAW, Lawyer replied 4 months ago
If the will has already been admitted to probate, then he must resign.I am assuming that the will has already been admitted to probate from your question.Under California law, an appointment of an executor is not effective until the court issues letters testamentary.The testator may appoint any executor she chooses to administer the will and yiur husbands appointment of him you as executor is valid.However, he will have to travel to probate court in California to probate the will and might be required to remain for a period of time in order to settle the affairs of the estate.If you feel like his age and the time required, might inhibit his ability to effectively serve as executor or impose too substantial a burden, he may petition the court to resign as executor and the court will appoint a new executor in your place.He will need a local California attorney to file the motion.I hope this clarifies. Please don’t forget to rate the question. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with starsThe executor can file a resignation with the court and the new executor would petition for appointment as the successor.
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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).

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