If the executor of my mom’s estate is ill, can he appoint an executor on his behalf in case he passes before the estate is complete?
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If the executor of my mom’s estate is ill, can he appoint an executor on his behalf in case he passes before the estate is complete?
All items have not been taken care of.
Asked on July 16, 2014 under Estate Planning, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Sometimes the person named in a Will as executor of the estate may be unable or unwilling to serve due to illness or other commitments. It is for this reason that most Wills name an "alternate executor". This is the person who takes over as executor if the primary executor steps down. If a Will does not name an alternate, then the probate court will intervene and appoint an "administrator". Bottom line, an executor cannot appoint their replacement.
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