My brother is executor of Dad's will. He can't fulfill his duties, the lawyer says my stepmother picks next executor. Is this true?My brother was the only named executor in the will in Virginia....

My brother is executor of Dad's will. He can't fulfill his duties, the lawyer says my stepmother picks next executor. Is this true?

My brother was the only named executor in the will in Virginia. There is a trust that lets my stepmother live in the home until her death and the trust is to maintain the home. Is the lawyer correct in saying that she selects the next executor? I was under the impression that since he is ill and can't probate the will that the court would select another executor. My stepmother want to select her daughter, my stepsister, to do this. She is a very bad choice as she can't take care of her own bills, has declared bankrupty several times, and my dad and stepmother have given her thousands of dollars in the last 10 years to pay rent, house payments, doctor bills, etc. If she gets control of the trust, it will be gone in a year if it lasts that long. The trust in is the state of Virginia. What can I do to prevent this?

Asked on by stimpy043

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amy-lepore's profile pic

amy-lepore | High School Teacher | (Level 1) Educator Emeritus

Posted on

Whatever state you are in, go see an attorney, now.  Explain the situation, and seek his or her advice on how to stop it.  It seems logical that if your father named your brother executor and your brother can not fulfill his duties, that the next choice should be either you or another of your biolgical siblings should you have one.  Also, consider checking with your attorney about whether or not your brother, the currect executor, has the right to name an executor with power of attorney in his absence.

I have included some links below which may prove useful to you.  I am sorry for your loss, and hope that you and your family can preserve the family estate for years to come.

Good Luck!

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