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Personal representative question
05-20-2013, 12:21 PM
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#1
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Thinks s/he gets paid by the post
Join Date: Jul 2007
Posts: 1,085
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Personal representative question
If you have a will, but the person who you list as your personal representative (or executor) is either deceased or not available, does the court assign your personal representative? Are there any general guidelines for this or does it depend on the state? Just curious as I need to update my will.
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05-20-2013, 12:34 PM
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#2
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Thinks s/he gets paid by the post
Join Date: Dec 2012
Location: Georgia
Posts: 2,240
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Our wills appoint an executor and specify backups.
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05-20-2013, 12:38 PM
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#3
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Give me a museum and I'll fill it. (Picasso)
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Join Date: Aug 2006
Posts: 12,483
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 Quote:
Originally Posted by David1961
If you have a will, but the person who you list as your personal representative (or executor) is either deceased or not available, does the court assign your personal representative? Are there any general guidelines for this or does it depend on the state? Just curious as I need to update my will.
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You need to assign backup executors, or the court will assign one. Typically it will be immediate family, but I have seen others assigned.
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05-20-2013, 01:46 PM
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#4
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Thinks s/he gets paid by the post
Join Date: Mar 2010
Location: Kerrville,Tx
Posts: 3,361
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Quote:
Originally Posted by David1961
If you have a will, but the person who you list as your personal representative (or executor) is either deceased or not available, does the court assign your personal representative? Are there any general guidelines for this or does it depend on the state? Just curious as I need to update my will.
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What the lawyer I used did is to set up a bank or trust company as the fail safe executor in case the persons named can not. He does not name any one bank, but rather provides that any bank with a defined set of characteristics will qualify. That represents a good final backup as there will always be some bank in the area with a trust department able to take on the function (for a fee but...)
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05-20-2013, 03:56 PM
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#5
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Thinks s/he gets paid by the post
Join Date: Nov 2012
Location: Madeira Beach Fl
Posts: 1,403
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Quote:
Originally Posted by bUU
Our wills appoint an executor and specify backups.
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+1
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