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I was named second personal rep of parents will/trust if primary rep other spouse was unable or unwilling to serve. what steps are need to pplace me as primary rep? Reason, father is unable to serve because of memory and other mental, emotional reasons
Asked on March 19, 2018 under Estate Planning, Wisconsin
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
I am so sorry for your loss and the situation. Has the Will been offered for probate? If not and you are going to present same, then you can allege that the named executor is not able or unwilling to serve. He can renounce his appointement so long as he is mentally capable of understanding that. If he is already appointement, you have to make a motion to substitute you as executor. Good luck.