question about being an executor
I am the legal heir in my grandmother's estate along with my biological father and uncle. My uncle was the executor of her estate for a few years until she found he was being dishonest in the handling of her estate. Now my father is the executor and is doing similar things to what my uncle was doing. My g-mother is now aware of it and wants to have him removed entirely, not from the will but from any position of power. The problem is that he backdoored her with paperwork that actually made him a co-owner to her entire estate and is also the executor. What is the criteria for being the executor of someone's estate? Specificly for someone who is blood-related? Are there any disqualifying factors to be someone's executor (ex: multiple marriages, criminal record, etc) Does the person desired to fill the positionof executor for one's estate/trust have to sign any paperwork ahead of time agreeing to fill that position or can it be sprung on them when the will is read? While at the courthouse, my dad rushed the paperwork on her and instructed her to sign her name and write his name on a specific line...What does my grandmother have to do to get her property back into her name legally?
1 Answer from Attorneys
Re: question about being an executor
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Presumably you are the same person whom I answered a question for earlier today. You need to meet with an attorney to review the specifics of the matter and discuss your legal remedies.
Scott R. Jay, Esq.
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