Legal Question in Wills and Trusts in Georgia

How can I have my brother assume the duties of executor of my sister 's estate for me

They both live near each other in Ontario, Canada and I live in Ga. USA??


Asked on 10/17/14, 12:48 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

If your sister lives in Canada, she is not deceased so there is no executor. Tell her to change her will, or decline the appointment. You are not forced to do it. Otherwise, you are asking Georgia lawyers about a Canadian legal issue. Ask a lawyer in Ontario.

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Answered on 10/17/14, 1:16 pm

I agree with Attorney Riddle. Wills only take effect when someone dies. If nobody is dead then you are not an executor of anything because wills can be changed.

While I do not know the ins and outs of Canadian law, in the US no one can be forced to be an executor against his or her will. If the executor named in the will of a person is unwilling or unable to serve, then he or she simply files a renunciation whenever the will takes effect. Once the renunciation is filed, if the will names a backup executor he or she takes over. If no one is named as a backup, then anyone else can apply for the executorship. I am confident that Canada must have a similar type of process.

However, you need to direct your post to attorneys in Canada if your sister is a resident of Canada and her estate will be governed by Canadian law.

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Answered on 10/17/14, 5:52 pm


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