Legal Question in Wills and Trusts in Virginia

Will Executor

My father passed away, and I am named executor of his will.

He was survived by his wife (my mother). Is it usual or necessary for me to act as executor since my Father's wife is still living?

Asked on 12/16/02, 12:44 pm

1 Answer from Attorneys

Edward Gonzalez Edward Gonzalez, PC
0 users found helpful
0 attorneys agreed

Re: Will Executor

Usually the spouse is executor of the other's estate. But your father may have had his own reasons not to name his spouse. Also, the named executor can decline, and the alternate serve, or, if no alternate, then state law provides a list of preferred persons to serve, one of which should be the spouse (if she wants to serve). Also, probate is simplified if the benefiary (or beneficiaries) serve as executors. I can only speculate about this. If you want, call to set up an appointment to review the document.

Read more
12/16/02, 3:29 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia

Looking for something else?

Get Free Legal Advice

88263 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now