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Estate Law

My mother pssed away and left a will but the...

Resolved • Response time 4 minutes

20 May 2013

My mother pssed away and left a will but the original was lost. The person named as the executor stepped down and the family paid to have 2 siblings installed as the adminstrators . The house was sold as instructed by my mothe via of the 2 adminstrators . Is the person who stepped down as the original executor still entiled to the 10% to be paid her upon the sale of the house. Also, the will was lost and never probated which is why we had the need for the 2 administrators .
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20 May 2013

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Estate Lawyer's response
20 May 2013
Dear PLCUSTOMER - Since the original will was destroyed then there was no valid will since a copy cannot be used in probate. Based on that, there was no executor since the administrators had to be appointed so thee would be no fee owing to an executor who was never appointed by the court. Based on all the facts, it is my opinion that nothing is owed to the original executor.
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20 May 2013
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