Legal Question in Wills and Trusts in North Carolina
my mother is still alive @ 83 thank heaven..she has named my sister and i as executors of her estate...my sister has mental problems ....and there.is no telling how my sister will take mom's death when it does happen..
We have big problem with my sisters daughter who we can't trust.. and we don't get along at all ...she is to pushy.....i am sure she will try and tell us how to handle everything......and want her mom to give up her right as co-executor...to her...
My question is can my sister give up her rights as executor to her daughter?
Mother will not let me see the will so i do not know how it is worded...don't want to up set mom so i don't push it......really don't know what to do at this point...
1 Answer from Attorneys
No. Your sister cannot give up her rights as executor and give them to another person. However, your sister could make a power of attorney (assuming she ws mentally competent) and allow another person to act for her.
Your mother, if she is mentally competent, needs to make a new will or a codicil making you the sole personal representative. If she does not want to do so, then there is not much you can do. When the will is produced, you could always object to your sister being co-executor.
The executor's job is to figure out what your mother owned and what she owed, pay any bills and distribute what is left to the beneficiaries named in the will. Even if your niece acts as co-executor for your mother, what can she do? She has got to do what the will says. IF she is too diffcult or does not cooperate, then you can have her removed by the clerk.
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