If my mom passed away2 years ago and now the executor has died, what happens if the Will has not yet been entered into probate?

UPDATED: Jan 1, 2012

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If my mom passed away2 years ago and now the executor has died, what happens if the Will has not yet been entered into probate?

My brother was named as executor and so now his widow thinks that she is in charge of the Will (he married after mom’s death and shortly before he himself died). However, I was named as second to him. My sister is named third on the Will but she wants nothing to do with it. Also, since she owes the IRS, she wants to relinquish her rights and be removed from the Will? What are my options?

Asked on January 1, 2012 under Estate Planning, Texas


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

Answered 11 years ago | Contributor

I am so sorry for your losses.  Your sister in law has no rights here to step up to the plate and probate the estate.  The Last Will and Testament of your Mother controls who is in charge and she has spoken on the order of fiduciaries.  So you would now take the Will and bring it to an attorney to help you probate the estate.  And you should do it fairly quickly since some time has passed since your Mother has died.  Now, as for the "she" and the IRS I am assuming you mean your sister.  Generally speaking, she can disclaim her right to inherit under the Will.  Again speak with a probate attorney in your area on the matter.  Good luck to you.  

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