I am the executor of my aunt's will. There is an heir to some part if the estate trying to pressure me to file and/or procedure with probation the will. What are my options?
A person in possession of a decdent's will is required to file it with the probate court of the decedent's county of residence within a reasonable time after death. Do you have possession of your aunt's will? See a probate attorney to whom you can provide the full details of the situation. S/he can answer your questions about options.
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Your options are to (a) accept that the heir is correct, or (b) decide not to serve as executor. There's not a third choice here.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
You have to at least file the Will for informational purposes with the probate court. You do not have to serve as executor just because you are nominated, but you have to turn the original Will over to the court so that someone else can offer it for probate if that is needed. You are not allowed to do nothing and try to prevent anyone else from doing anything by failing to turn over the Will.
This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.
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