Legal Question in Wills and Trusts in Virginia
my exhusband still has our will and no new one in place. he has been married to a new wife and had 2 more children. his will names me as executor, and he wants me to divide his estate respectively, as he does not trust his current wife to spend it responsibly. This makes me uncomfortable, to say the least. Please comment. I am in Virginia
1 Answer from Attorneys
Well, you can simply refuse to be executor of your former husband's estate and
ask that he amend his will to remove you and substitute someone else who is willing.
And, if he refuses to accommodate your request, then simply put him on written notice that if he fails to remove you, then whenever he dies and his will needs to
be probated, you will ask the clerk of the probate court to appoint someone
else and will show her the evidence of your written request which he failed to
accommodate while he was still among the living.
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