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If there is a will but no executor named, then

Posted By: Jan on 2009-03-05
In Reply to: As you and your brother are named your grandtather's will as - Jan

the state steps in as executor and makes sure that the heirs named in the will get their rightful share, according to your grandfather's wish.

Only in the case when there are no heirs and no will, the assets go to the state.


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Who is the executor of the estate?? Is it
the attorney or one of you 3? Personally, I would hire an attorney and let him deal with your grandmother's attorney. If you let it go on too long, there may be nothing left to inherit.
Hi, Steph, hope I can help, I was executor for Dad last year.....s,
I think much of it is dictated by your particular state's laws, but here in RI it takes about 10 to 12 months, they have to post the person's death publicly in order for anyone else who many legally have a claim or a lein to come forth and file such papers and motions, but if it was a simple will without a lot of assets, buildings, lands, stocks, etc to liquidate, it should take less than a year, and always keep in touch with the attorney to keep it on the "front burner." So nice that your granddad loved you so much, and you seem to be making a good investment. Sounds to me as though, in his circumstances and his type of will, you should have the finds distributed before next Winter.....hope this helps, feel free to e-mail me if I can help or explain!
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As you and your brother are named your grandtather's will as
beneficiaries, you and your brother will get your share. Your aunt cannot do anything against this.
The executor's duty is only to see that the stipulations in the will are respected Yaund each heir named in the will gets his/her share. The executor 'represents' the heirs only and is entrusted with the paperwork related to the execution of the will.
Your aunt is not allowed to cannot change anything in the will that your grandfather made.
Do you have a copy of this will?
Go the lawyer and have a meeting with him, especially if you are suspicious that something might go wrong.
Your brother should support you in this matter.
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