Legal Question in Wills and Trusts in Nebraska

Parents 30 year old will and executor/beneficiaries

My parents passed away. They have a 30 yr old will that leaves the assetts to me and my sister.50/50. Also since we (me and sis) were minors at the writing, they named a aunt as executor! She is no longer speaking to us, and the imed family. Can I being the SON and of legal age act as the Executor instead ????


Asked on 4/25/07, 5:35 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Parents 30 year old will and executor/beneficiaries

I am sorry to hear about your parents. The will can only nominate an executor, the probate judge will appoint one. Your chances are good at being appointed if your sister supports your application to be executor. You may file your application to be personal representative/executor when you file the will with the court to open probate. It would be wise to hire an attorney now to help you probate the will. There are very specific tasks that must be performed at specific times and the court will not offer you instructions or be very patient with a lack of knowledge about how to proceed.

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Answered on 4/25/07, 6:04 pm


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