Executor out of state-what to do?

GardenArtist- Mom is still hanging in there under the care of Hospice. She is past the point of conversation but we are convinced she can hear us and feel our touch. Thanks for asking-

Even though your mom's situation sounds relatively simple, I would suggest that you consult with an attorney to discuss whatever public notifications of death would be advisable so that potential creditors don't come after you for payment after the estate has been settled.

Floralscent, you're quite welcome, and thank YOU for expressing your gratitude.

How is your mother today?

Thank you all so much...not only for your kind words but for your great advice. I appreciate it very much.

I’m in agreement with the others that it looks like there’s not really going to be anything that needs probate to be opened. There’s no house, land or car still in her name, right? and it’s those types of assets that need a probate action / court order to transfer.

The bank account has brothers name & signature on the account so it’s probably going to become all his & he can pay the whatever’s to settle her debts from that existing joint account. Then after a bit, perhaps 8 mos - a year, he can divide what’s left between you two.

A will and what’s in the will only matters if there’s after death assets that need a probate action to move out of the. deceased name. Often wills are done decades before death happens and in the passing years assets get sold, transferred, spent, so that by the time they die the terms of the will doesn’t matter as the assets are gone. Your only executor IF probate actually gets opened with the will entered into probate and you appointed Executor via Letters Testamentary. Otherwise it’s just a anecdote on paper.

I think your Moms estate is very cut and dry. (I see no mention of a trust) Since brothers name is on Moms account, don't think that needs probate. You will just need to pay her bills and that can come out of her bank acct. Then you and brother can split what is left over. Since you have always worked together than everything should be OK. Since he is closer to where the will is probated then you can turn the Executorship over to him.

First, your brother will automatically get the money from the bank account that his name is on with your mom. Second, your mom does not sound healthy enough to make your brother the executor of her estate. Third, unless the will says that you can, you can't just hand being executor to him.

Flora, first, be with your mother and focus on her. I'm sorry you're facing such emotional challenges right now, but know that there are options. The issues you describe for her estate aren't complex enough to create a lot of problems for you. In fact it seems like Probate might not even be necessary.

I don't know whether or not you can assign him to help; it would depend on wording in the Will. But there are tasks that your brother can do that don't require any execution of documents.

From what you write, the one account is held jointly between your mother and your brother, and if titled properly (joint tenants with rights of survivorship), they'll pass directly to him. If you're on good terms, he can write checks for the Estate expenses. And assuming that relationship still holds, he actually can handle that financial aspect since he already has authority to.

If you have a funeral, the funeral home director will take care of getting certified Death Certificates for you. You can also get them on your own from the county clerk's office.

One would be provided to the bank; others would be provided to creditors, such as any outstanding charge accounts.

With your brother's cooperation, you can determine which bills are valid and he can pay them.

I don't see any need for any attorney, or even Probate proceedings given that the only real asset left is the checking account.

So, relax, and know that the situation can be handled w/o a lot of complications.

And I am so sorry to learn that your mother is so close to the end.

If there is a trust and you are executor, if it’s a revocable trust I think your mom can change the trustee. It would require a lawyer obviously. If you are trustee, did she specify anyone to replace you? In my MILs trust, she was trustee, my husband became trustee when she died and then there is a successor/back to him if something should happen to him or he is unable to perform his duties. If you brother is your successor trustee, I would think you could pass it on to him if you are unable to act as trustee due how far away you are. He regardless, you should speak a trust attorney.