Legal Question in Wills and Trusts in Arkansas
Who is executor/executrix
My grandmother recently died. My mother claims she is the executrix named in the will; however, my sister and mother previously went to an attorney together when the will was drafted...naming my sister as the executrix. My mother claims it was later changed naming her as the executrix. My sister is concerned as my mother is having all medical bills ''returned to sender'' marked ''deceased''. She is concerned these bills will later come back to haunt her if she is really the executrix. My mother had access to my grandmother's house and has the only copy of the will (the original). She will not allow anyone else to review it. How can my sister and the other heirs obtain a copy of the will? Does it have to be filed with the court in Arkansas even if the property value is low?
2 Answers from Attorneys
Re: Who is executor/executrix
If your mother has filed the will, a copy should be at the probate court for you to examine. If she is, in fact the executrix, she has a fiduciary duty to carry out the probate process, pay the bills, and distribute the estate. If she does not do this, she could be personally liable to the estate (and heirs) for failure to carry out these duties. Whether your sister is executrix or not, someone should seek the assistance of an attorney in the jurisdiction where your grandmother resided at the time of death (my guess is Arkansas)to protect the interests of the creditors and heirs.
Re: Who is executor/executrix
The Ex is who the Court says it is. She cannot simply sit back and order thatthings be done. She does not have to power to do so until the Court says she does and issues "Letters of Administration". The will must be filed with the application for Probate.
My advise is to file the will you have and ask the Court to appoint a personal representative in accordance with the will. If she does really have a later will AND IT IS VALID, she has to file it in the same case to be the Ex.
Probate is a complex beast. I suggest that you retain an Atty to aid you before you end up in a real mess.
For what it is worth, I think that her sending bills back as you indicated is asking for trouble. You have not said how much is in the Estate, if any, but the reality is that creditors get first grabs at whatever there is. Ignoring the bills will not make them go away and whoever gets the money in the estate will be liable for the payment of the bills.
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