The oldest son is the executor, but he has already signed away his share, after telling his baby brother not to sign. I wonder if that was even legal. And he’s in Kentucky...
If it's contested, probably not, unless the oldest son is claiming incompetence. My father was executor for his cousin who died, without a will, in Oklahoma, but he wasn't able to handle it because of Alzheimer's. My mother and his other cousin had to work with an attorney and a banker to get it settled.
Legal schmegal.
-Hillary Clinton.
Is he the executor/legally named Administrator of the Estate and recognized as such by the Probate Court where the father died or did he just pronounce himself as such?
Having gone through the whole intestate problem I know that the first thing that has to be done is that an attorney must file affidavits with death certificate, proof of realtionship, list all direct heirs who might have interest, get their notarized and witnessed statements agree on the executor or administrator, list all debts and assests with estimated values. In the case of real estate I had to hire an RE assessor to provided a notarized statement.
This is just part of the process to get executor/administrator status.
The whole process is involved and time sensitive as to the stages of filing and gaining court approval to proceed with division of funds once debtors have been satisfied.
Sounds like there is already fast mover involved with trying to grab the house. How’s she doing paying off the debts?
;>)