Legal Question in Civil Litigation in California

My husband passed away. His brother doesn't know. His brother says my husband will be his executor. Does that mean I will have to be the executor? I live in California and don't speak to my brother-in-law


Asked on 2/21/22, 8:03 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

No. Designation of an executor in a will is only advisory anyway. It expresses a wish, not an obligation, unless the person named actually then applies to be executor. It definitely doesn't pass on an obligation to anyone else. If you want to avoid further dealings with the brother-in-law, though, you probably should just send him a letter letting him know your husband has passed.

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Answered on 2/22/22, 10:16 am


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