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mclearw1

Executor of will old girlfriend?

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There is nothing to contest unless she shows up and seeks to be appointed the estate executor. What you do is open probate and ask that you be appointed by the court as the estate executor. If she shows up to contest that then the court can resolve the conflict at that point. 

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Be very careful.  I had a very similar case.  Critical question:  did the will leave the estate, or any part of it, to the old girlfriend?  If she was simply nominated as the executor and can't be found, the preceding suggestion is correct. If she was also the beneficiary of the estate, or any part of it, then you must find her and turn the legacy over to her.  If she is a beneficiary and you cannot find her after due diligence you will have to turn her legacy over to the receiver for your state, or to the court, depending on your state's laws.  The lapse of time does not make the will invalid.  

 

I might note that faillure to probate a will that leaves part of an estate to someone in order to prevent that person from receiving their legacy may be considered fraud and have severe consequences.

 

But, if she a beneficiary and she predeceased your Dad, then the legacies may have lapsed.  Whether the legacy lapsed is a matter of state law.

 

You should consult with an attorney who can review the will and advise you how to proceed.

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Hi there,

 

As suggested above, it would probably be in your best interests to discuss the situation with a local attorney. You can find a number of qualified attorneys in your area by referring to FindLaw's lawyer directory. In the meantime, you might want to check out the following FindLaw sections -- as they have each have a number of helpful informational articles relevant to your situation:

Good luck!

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The will only nominates an executor, and the nominated executor isn't actually the executor until and unless appointed by the court.  If you want to serve as executor of your father's estate, you're free to file a petition with the appropriate court and explain the circumstances.  It's possible that you'll have to make some effort to locate the nominated executor (and you'll definitely have to do so if, in addition to nominating the old GF as executor, the will also leaves some portion of the estate to her), but I would not expect you'll have much trouble with this.  Not a good DIY project, however, so I suggest you consult with a local probate attorney.

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If she was simply nominated as the executor and can't be found, the preceding suggestion is correct. If she was also the beneficiary of the estate, or any part of it, then you must find her and turn the legacy over to her.  If she is a beneficiary and you cannot find her after due diligence you will have to turn her legacy over to the receiver for your state, or to the court, depending on your state's laws.  The lapse of time does not make the will invalid.  

 

The OP only asked about the role of the executor, and that was all that I addressed. If the OP wants the role of executor, nothing stops him/her from submitting the will to probate and seeking appointment as executor. That’s the way to at least get the probate process started.

 

If the former girlfriend is a beneficiary of the will, then that’s a different issue that will need to be addressed by whomever the executor turns out to be. I agree that the former girlfriend may well still be entitled to whatever the will gives her, if she can be located. 

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An honest effort in good faith must be done to try to locate this person.  If you know her name, estimated age or date of birth, or any previous street address where she lived (no matter how old the address is), you can pay a local private investigator a few hundred dollars to have a comprehensive search done through statewide and nationwide databases (and even the death index) to get her current whereabouts or find out if she is deceased, and this expense is most likely reimbursable from estate assets.

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