Legal Question in Wills and Trusts in California
My father died 5 years ago with a will that appointed his sister as executor of his estate. The problem is his sister died before he did and he never changed the will, or had an alternate executor in place. My dad has 7 children and we want to appoint one as executor. He didnt have any property so we did not have to do probate. We paid what bills he had, but we want someone to be executor just incase something else come up in the future. Thank You for your time.
1 Answer from Attorneys
If he died 5 years ago, the time for any claims against him or his estate is long gone. If you have paid the bills and he had no property, there is likely no need to do anything else so nothing else will "come up in the future". If you still want to name one of the seven AND if you can agree on whom it would be, you can certainly do that even if it is unnecessary but if there is likely to be dissent or argument over who that would be, there is no sense, based just on what you have stated here, for you to go down that road. You can just "Let It Be".
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