Can a ex-wife be appointed head of estate?
If there was a will, and the will named the ex-wife as executor, and the will was drafted BEFORE divorce, and the divorce was after 1/1/1985, then the ex-wife is no…
What to do if your ex spouse inherits your estate?
In general, in Massachusetts if the ex spouse has been named in the policy but the divorce agreement has freed him of the requirement to maintain the policy his kids might have grounds for litigation. They should contact a good probate attorney in Ohio who would be able to help them out. Good luck, Nancy Naomi Carinci 10 years agoPermalink
Can a executor be appointed after a divorce?
If the wife was named as executor after the divorce, the court will probably assume your father knew what he was doing. If the will was written before the divorce there is a good chance that the court will be open to someone else being appointed to run the estate. Although I am licensed in…
Can a testator be an executor of a will?
Once a testator’s (that’s the person who wrote the will) marriage is terminated (dissolved or annulled), the dissolution terminates all transfers of property to the ex-spouse and all provisions nominating the ex-spouse as an executor (and trustee, conservator, or guardian.) Cal. Probate Code 6122.
If there was a will, and the will named the ex-wife as executor, and the will was drafted BEFORE divorce, and the divorce was after 1/1/1985, then the ex-wife is no…
Who is typically named the executor of a will?
Who Is Typically Named an Executor? In most cases, the executor of a will is going to be the deceased person’s spouse, especially if their estate is being left to the spouse, according to Morgan. If the estate is going to the children, then the child getting the majority of the property will be named executor of a will.
Can a family member become the executor of an estate?
If the deceased individual had a will, then typically, the will names someone to be the executor. However, Safi pointed out, if someone passes away without a will, then one of their close family members can apply to the court to become the executor of the estate before legally administering it.
Can a spouse refuse to serve as an executor?
A: There are a few scenarios where the ex-spouse will not be able to serve as the executor. Was the decedent married at the time of death? If so, the surviving spouse can file a spousal petition without administration. Does the ex-spouse refuse to act as executor?