Legal Question in Wills and Trusts in California

testator dies & executor is unable to carry out the executors functions( because of illness or what ever) who would be the designated next in line would it be the oldest sibbling no matter what gender or would it be the only son youngest or not( the reason i'm asking is because my boyfriend says that because he is the only an last son that automacticaly will be him to be executor over his three oldest sister ,an step mom ) he is the youngestbut he thinks that because his older sibblings are girls that they have no rights unless he says so i don't think he's right.


Asked on 7/22/09, 10:17 am

1 Answer from Attorneys
Janet Brewer Law Office of Janet L. Brewer

Your boyfriend needs a reality check. Male superiority is not part of the probate code (or any other statute, for that matter). If the will designates a successor, then that person would have "priority" to take over. If it does not designate a successor, then any of the children - regardless of age or gender - has equal rights to be named as successor executors.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

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Answered on 7/22/09, 10:41 am


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