Legal Question in Wills and Trusts in Georgia
Executor deceased who now becomes executor
My father in law was the executor of his mother's will. He has recently passed. Is it legal for his brother to take over as executor of the mother's will or should it have gone to my father in laws wife. The only person's name on the mother's will was my father in law, the brother was not mentioned at all. He has had accounts switched to his name, without notifiying my mother in law.
1 Answer from Attorneys
Re: Executor deceased who now becomes executor
This is a matter for the probate court. The executor of your father-in-law's estate can petition the court for his/her appointment as successor executor of the mother's will. Of course, another party (i.e., your father-in-law's brother) may petition the probate court for the appointment. In either event, new letters testamentary will have to be issued, vesting a new party with authority to handle the estate. Without proper letters testamentary from the probate court neither your father-in-law's brother nor his wife has authority to act for the open estate.
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