Question regarding Executor qualification and whether or not I should apply to do this for my great aunt’s estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Question regarding Executor qualification and whether or not I should apply to do this for my great aunt’s estate?
My great aunt recently passed away without a will. She had property in OH and PA. There is no heir in OH willing to serve as executor of the will. My father is an heir but cannot serve as executor because he is not a resident of OH. The attorney in PA has told me that he has hired another lawyer to serve as executor of the estate. The hearing to appoint this attorney has not been held yet. He told me that I have no legal right to apply to be executor of the estate and that he has invested a large sum of money to appoint this attorney. Is he correct? Should I pursue being named executor? Thanks
Asked on June 1, 2009 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Any family member can apply to be the executor of an estate. From the information you stated in your question it is assumed that your Great Aunt died a resident of Ohio. Then the Will would be probated in the Courts in Ohio. Because of the complexity of the estate a lawyer may need to help, but the lawyer does not need to be the executor. I am unsure what part the attorney in PA plays in all of this and therefore I can not answer this question with any more certainty that this.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.