What to do when an executor/beneficiary doesn’t want anything to do with an estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do when an executor/beneficiary doesn’t want anything to do with an estate?
My father is incapacitated due to dementia and I am guardian over his person and estate. His ex-girlfriend recently found his Will which names her as executor and soul beneficiary. It names me second if she passes before he does. She does not want to be executor or beneficiary. What do we do?
Asked on December 28, 2011 under Estate Planning, New Hampshire
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A Will speaks upon the death of a person, not before in that a Will can always be changed before its maker passes assuming the maker wishes to make changes to the initial Will, its amendment or any subsequent Will.
The problem that you have is that your father's mental condition precludes him from making any changes to the existing Will naming his former girlfriend as exectutrix and sole beneficiary. If the former girlfriend wishes no part of his estate when he passes, she has to wait until after your father passes before she signs any document to be filed in the probate court disclaiming any interest in his estate and declining to be the executrix of it.
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.