QUESTION

can a new executrix be instated even though the previous executrix cannot be located?

Asked on Nov 12th, 2020 on Estate Planning - New York
More details to this question:
The executrix in my matter in which I am a beneficiary has decided she no longer wants to fulfil that role. a new (proposed) executrix is willing to be instated but all attempts to contact the current executrix so she can sign the relevant form denouncing her have been unsuccessful. An attorney has informed me that the matter of instating a new executrix can be done even though the current executrix cannot be located. Is this possible?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Please be guided by that attorney's advice.  The court may well accept an affidavit that the current executor has gone missing.
Answered on Nov 13th, 2020 at 6:33 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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