What to do about an estate if the family can’t agree on an executor?

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What to do about an estate if the family can’t agree on an executor?

My husband died without a Will. He had 6 kids 1 from a high school relationship; 4 from a previous marriage; and 1 that he and I adopted). He had 2 properties in his name only – the home that we lived in which has a mortgage with mortgage life insurance; and a rental property that has a mortgage with no life insurance (different mortgage companies).  Both mortgagees want executorship paperwork along with the death certificate; they wont except the death certificate alone. His oldest daughter signed her interest over to me so that I could be appointed as the executor of his estate, but the others won’t. The payments are steadily adding up on each property. Will the mortgage companies eventually foreclose since their is no executor for the estate? What can i do?

Asked on March 27, 2011 under Estate Planning, Oklahoma

Answers:

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

Answered 10 years ago | Contributor

Listen, you get yourself an attorney and file a Petition to be the Personal Representative (some times called the Administrator) of the estate.  You were his Wife at the time of his death and you have the right to file the petition. If the other will not consent then they can object and tell the court why - and it had better be a good enough reason.  The court will not take "because we don't like her" in to account.  You will have a fiduciary responsibility as the PR and they have mechanisms to check up on you and that you are doing the right thing.  So I would not wait any longer.  Good luck to you.


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