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

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.

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Answered on 12/16/02, 3:29 pm

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