Legal Question in Wills and Trusts in Georgia
Executors of estate
My grandmother named my mother and aunt as co-executors of her estate. My mother lives in another state and she and her sister don't get along, so she has asked me to serve as executor in her place. Is this legal/possible, and if so, how would we go about it?
2 Answers from Attorneys
Re: Executors of estate
Sure, it is legal. Talk to the clerk of the Probate Court in question and ask about a successor executor.
Re: Executors of estate
First--what does the will say about successor executors? If your mom just resigns, the will controls. Under the usual provisions, either a named successor will step in, or your aunt will serve alone, if that is what the will provides. (If you are the named successor, the problem is solved--she signs a resignation, and you take the resignation to the probate court, requesting to qualify in her place. Note: the will may specify *how* she resigns, and this must be followed.)
If the will says nothing about succession, the procedure is similar, but requires a formal application to the probate court to allow the resignation and appoint you as successor.
In either case, a lawyer's advice and assistance is crucial.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
