Can my mother be the legal executor of my father’s Will if they were divorced?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my mother be the legal executor of my father’s Will if they were divorced?

It is uncontested; no Will. My mother and father divorced 10 years ago; they just couldn’t live together anymore but they still cared and loved for each other. My father passed with less than $150,00 in assets. The heirs want to make the ex-wife the executor. Is this legal? Don’t expect it to go to probate court?

Asked on June 6, 2012 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss. So there is no Will, correct? He died intestate? If no one objects to her being appointed then she can be appointed as the personal representative of the estate. She will not receive any inheritance since they were divorced but she may receive a fee for her appointment unless she waives it. Good luck.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption