What happens when the executor ofa Will dies first?
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What happens when the executor ofa Will dies first?
My grandmother has passed away recently and my father, who died last year, was the named executor of the Will. It states that he was to receive the entire estate and his 2 sisters were to receive nothing. Although my father shared with me that he planned to share it equally with his sisters. The bank accounts have my father’s name on them also because he took care of all my grandmother’s bills. What happens now? Will my sister and I receive our fathers share or the whole estate or nothing? Will my mother receive anything? Do I need to request that executorship?
Asked on May 15, 2011 under Estate Planning, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The death of a will's executor does NOT affect the will or its bequests. The beneficiaries under the will should still receive what he or she would have received under the will. The court will problably appoint someone to administrate the will. Typically, if a beneficiary of a will predeceases the maker of the will, his or her share will then pass to those who would inherit from him or her. Given what is at stake--your inheritance--you should speak with a trusts and estates attorney to see how to make sure that you get everything to which you are entitled, as quickly as possible. Don't be passive; you have rights in a situation like this. Good luck.
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