How can I be named executor of my ex-mother-in-law’s estate? My in-laws took out a living trust in 96. Father in law passed away. My mother-in-law whom is my first husband‘s mother ( he passed in 94) Has had her granddaughter living in an apartment that she built on her home. There was a living trust but the granddaughter has hidden it from everyone. The heir to the estate is my sister-in-law. My sister-in-law is battling alcoholism and the granddaughter is trying to get my mother-in-law to change her living trust so she inherits everything. Granddaughter has been living there Scott free for 12 years. My mother-in-law has early signs of dementia Alzheimer’s. My sister-in-law wants me to be executor once my mother-in-law passes away. Since we can’t find the living trust how does my sister-in-law go about enforcing power of attorney which was stated on the living trust. And how do we both go about getting me executor
1. An executor is someone named in the will AND appointed by the court to administer the estate. If not named in will, the probate court will appoint someone (usually the petitioner) administrator of the estate.As more than one judge has said: "There is no executor until I appoint one."
2. With mother-in-law having dementia, you (or someone) may need to become her conservator WITH dementia powers. The conservator can take granddaughter to court to supply the trust.
3 If mother in law owns a home, check the deed. The name of the attorney who prepared the trust may appear on the deed.
4. Granddaughter trying to get grandmother with dementia to change the trust (that no one can find?) is probably elder abuse.
You need an attorney to help you.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
Unless there is a will you cannot be named executrix. You can petition to be administrator. Use an attorney under the circumstances. The attorney will be paid out of the estate.
The term "living trust" is confusing here. While legally there is no such thing I assume you refer to an actual Will. You file a petition to probate the estate. If there is a Will, then the one who is hiding it will be forced to produce it to the court. But their actions to hid the will could go against their appointment. Hire a probate attorney to actually get this mess straightened out.
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