Do I need a lawyer to be appointed executrix per my mom’s Will?

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Do I need a lawyer to be appointed executrix per my mom’s Will?

I can pay off her debts, sell the house and split everything 50-50 with my brother.

Asked on December 3, 2011 under Estate Planning, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your mother has passed already and you were not appointed executrix, then the will must be probated so that someone can be appointed. A lawyer cannot appoint you; you would need to go to court to see what the will indicates if no one is listed in the will. If your mother has not yet passed and you simply wish to get her affairs in order, then you can have your mother write a new will or codicil (an amendment to the will) that meets state guidelines in which she lives and then have an attorney who is not related to you or your mother review the will in its entirety and review it only with her to make sure there is no undue influence.


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