Executor of Estate while still living
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Executor of Estate while still living
Can you be named the executor of an estate without a will? My husband’s sister
had her mother name her the executor of her estate but told us she did not have
a will. She took her Mom to a lawyer a few years before she passed away. We
saw the form where they both signed it. She did not involve my husband. So we
had to take her word for it. I just didn’t know if you could be names an executor
with out a will.
Asked on November 4, 2016 under Estate Planning, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, if there is no will, there is no executor and no ability to direct who will handle the estate (only wills can do that); instead, the court will appoint a personal representative or administrator (both terms are used) for the intestate (no will) estate. That person will likely be ether your husband or his sister, since it's generally a surviving child. The court could therefore make your sister-in-law the personal representative or administrator, but does not have to: it could select your husband, or in theory (but unlikely) a non-child.
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.