QUESTION

Attorney withdrew from the case in 05 who is executor

Asked on Jan 02nd, 2021 on Wills and Probate - Oklahoma
More details to this question:
My grandma past away in 09 my family hired a attorney for probate of will. The attorney withdrew from the case in 05 my uncle was named executor and family never got another lawyer. My uncle just past away does his wife become in charge and can she sale grandma's house to my other uncle who lives in the house and has been paying rent this whole time my deceased uncle didn't leave a will cause everything goes to his spouse.
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2 ANSWERS

Personal Injury Attorney serving Oklahoma City, OK
Partner at WAGNER & GORES
1 Award
Someone will have to finish the probate and amoung other things seeking an appointment of someone else to serve as Personal Representative.  I presume they were probating the will of your Grandfather, the attorney withdrew in 2005, then your Grandmother passed in 2009.  I'm not clear on all of the necessary facts, but NO, your Aunt would not be able to take over for your late uncle without being appointed by the Court to do so.  It sounds like wraping up the first probate will be necessary in order to then address any issues relating to your Uncle's death.  There may be some conflict of interest issues too from the sound of things with your other Uncle living in the house, paying rent and your Aunt then inheriting anything that was going to her husband (your now deceased uncle). Sometimes everyone can get together to work up an accounting and to resolve all issues by signing off on an agreed final Decree.  Even if your uncle left everything to your aunt, there are issues that must be resolved relating to his "estate" since he has died. See a lawyer, take all copies you can find and they can help you map out a plan of action.
Answered on Jan 25th, 2021 at 10:12 AM

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Wills Attorney serving Austin, TX
2 Awards
The executor's spouse doed not inherit the executor's duties and authority.  The successor executor of, if no successor executor is named in the Will, someone else must apply to the court to be appointed executor.
Answered on Jan 03rd, 2021 at 5:09 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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