Legal Question in Wills and Trusts in California

My father recently passed. He left my mother as the primary executor; then my two sisters as co-executors; then myself as executor, should the above not be able to hold the task. My mother has already been deemed incompetent as executor (many mental health issues). Thus, my two sisters are now co-executors. My one sister, is in the process of being found incompetent (she is an active drug addict and alcoholic). Therefore, my other sister will soon be the primary executor. However, she is also an addict.
Legally, does the executorship fall to her solely of the other sister is pronounced incompetent? Am I still considered not to have any legal executor rights in this case?
Thank you

Asked on 7/23/10, 10:52 am

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

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The way you have worded it, it sounds like your one sister can serve alone per the instructions in the Will, although you would need to have an attorney read the actual wording to know for sure. Some Wills permit an executor to have a co-executor and perhaps your sister could choose to bring you on board. Or, more likely, she will want to be sole executor and receive the statutory compensation for her services. Hopefull there is a competent attorney involved to run the Probate. Lastly, your sister can legally decline to serve which would bump you up to the Executorship.

Answered on 7/23/10, 2:08 pm

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