Legal Question in Wills and Trusts in Pennsylvania
My sister and I are co exector to my mothers will. My sister has died. Do I need to have her name removed from my mothers will? Do her beneficiaries now take over for her as exector to moms will?
2 Answers from Attorneys
This question cannot be answered without reviewing the Will. The Will should have contingencies in place, of some sort. The beneficiaries will not take over as executor unless the Will names one of them as a replacement.
If your mother is still alive, she may make changes to her will by codicil or by writing a new will. She should NOT mark changes on the current will.
If she has died, the will cannot change, nor could you make any changes to it.
As Mr. Artim says, the will must be reviewed to determine what it provides for substitute executors if any are not able to serve.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Miriam Jacobson
Law Offices of Miriam N. Jacobson
1900 JFK Blvd. Suite 1519
Philadelphia, PA 19103-1431