Legal Question in Wills and Trusts in Tennessee

What happens if executor dies before will maker?

My brother-in law's father is very ill and has a will. The executor of his will has just passed away. My brother-in-law has power of attorney for his father. My question is, who becomes executor now? Is my brother-in-law able to step in and handle the will in the event of his father's death? Thanks for your response.


Asked on 1/16/04, 7:56 pm

1 Answer from Attorneys
Marshall Snyder Law Office Of Marshall Snyder

Re: What happens if executor dies before will maker?

The Power of Attorney will end upon the death of your brother-in-law's father. Since the Executor of the Will is deceased (and presuming the Will does not name a Substitute Executor), the closest relative is entitled to petition the court upon death for the probate of the Will and appointment as Executor.

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Answered on 1/16/04, 8:24 pm


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