What can I do about a reluctant executor?
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What can I do about a reluctant executor?
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I am joint executor of my late sisters estate but the other executor has decided that she no longer wants to act. Is it easy for her to just resign? we already have probate.
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Thanks for the answers, but let me clarify, my sister died last year, so the will can't be changed by her, and I live it the UK. So just need advice on UK law
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jed i
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In the probate court that issued the Orders admitting the estate into probate, file a motion to change joint executors to sole executor, and have your sister attend asking for removal, or if she is inappropriately inconvenienced to attend, then have her sign the motion with an attached statement by her that she no longer wants to be a joint executor or an executor at all. Submit the motion and a proposed order to the court's clerk for filing and a hearing date on the motion. Is it that easy? Most wills that name an executor, state something like, "I name John S. as executor of my estate, and should he be unable or decide not to serve in said capacity for any reason, then I name ____ as alternate executor. No person need to serve as executor just for the sole reason that they were named. They can refuse to so serve. |
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LovesTheConstitution
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Consult your attorney on resolving this matter.
(If you are an executor and do not have an attorney, ask your doctor to adjust the dosage on your medication until you are able to make better decisions.) |
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