Legal Question in Wills and Trusts in Virginia

Executor of Will

My mother had appointed her brother to be the executor of her will. He has since passed away. Does she need to redo her will or what will happen when she passes?


Asked on 10/11/07, 4:15 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Executor of Will

Your mother merely needs to amend her will to name a new executor and, if possible, an alternate who can act as executor in case this newly named executor becomes unavailable (for whatever reason).

If your mother were to pass without naming a replacement executor, then you (or another relative) would have to apply to the probate court having jurisdiction over the matter to be appointed as the executor.

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Answered on 10/11/07, 11:36 pm


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