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    Kevin Booboo's Avatar
    Kevin Booboo Posts: 2, Reputation: 1
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    #1

    May 27, 2017, 06:47 AM
    Can an executor be removed from a will without their knowledge ?
    Can an executor be removed from a will without their knowledge ? Before my Mom passed away, she made my little sister and me co-executors of the will. My father is still alive. He remarried shortly after Mom passed away and without me or my little sister knowing , supposedly removed us and made an older brother executor of the will. Is this legal without me and my sister signing anything ? Do we have any rights for our Mothers last wishes ?
    Thank you in advance for any answers you may have.
    talaniman's Avatar
    talaniman Posts: 54,051, Reputation: 10852
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    #2

    May 27, 2017, 07:09 AM
    Can an executor be removed from a will without their knowledge ?

    YES! Your mom could have changed it before she died without informing you, or your sister.

    Your father cannot change your mother's will, only she could. The only way to know the truth is to have the will. If her will was probated in court, then they have a copy.*

    *Courts in the US only, Have no knowledge of elsewhere.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7691
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    #3

    May 27, 2017, 05:01 PM
    But if mom and dad had a joint will, dad can rewrite and change anything on his will.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    May 27, 2017, 05:15 PM
    Did you see the original will? Has the will bee submitted for probate?
    Kevin Booboo's Avatar
    Kevin Booboo Posts: 2, Reputation: 1
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    #5

    May 28, 2017, 08:29 AM
    Thank you for your response.
    The original will was signed in front of a lawyer by both my sister and myself.
    My father, behind our backs, said he made a new will and took both me and my sister off as executors and made my conniving brother executor.
    I'm just wondering in this new will is legal .
    I'm sure my father's new wife is part of this too.
    My dad is over 80 and doesn't think so well anymore and his wife is in her 60's
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
    Internet Research Expert
     
    #6

    May 28, 2017, 09:01 AM
    Have you seen the "new" will ? Also are you trying to say that your father is now mentally incompetent ?
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    May 28, 2017, 07:47 PM
    Your father cannot change the terms of your mother's will without her consent. Also, I question the fact that you and your sister signed the original will. As far as I know the heirs do not sign a will, either as witnesses or otherwise.

    But you did not answer the question of whether the alleged new will was submitted for probate. When it is, you go to probate court and challenge the will.

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