Generally, Mom's estate must be probated in order to pass title to the real estate. As soon as her will is allowed and the executor is appointed the title to the real estate passes to her son if that was set forth in her will. The executor can't convey the real estate contrary to the provision set forth in the will. As long as the will was probated the son owns the property. If the executor "deeded" the property to himself and he is not the son then that deed is null and void. You should seek the advice of an attorney.
No, but I am making 2 assumptions. I take it that the sister's executor is the mother's beneficiary. I also assume that the mother survived any survivability period that might have been imposed by the will or statute. That being so, the property has vested in the mother, meaning it has become her property now. The only person who can transfer the deceased mother's property is the mother's executor. The correct procedure is for the sister's executor to make an executor's deed to the mother. Then the mother's executor will make a deed to the son. The fact that the mother died before the sister's executor made the deed to his mother does not deprive the mother of the property. The only way the property would not become the mother's is if the will required her to survive the sister by a certain period of time (as many wills do) and she failed to do so. But what happens then creates another problem which I won't go into here. Lastly, as always in probate matters you must check the laws of the state the probate is in.
If you are writing a will, then you need an executor. However in this case where you are leaving everything to her, she can be the executor.
A conservator is appointed by the court to manage the estate of a living person who is incapable of managing their own affairs. An executor is appointed by the court to settle the estate of a person who died leaving a will.
If a person dies owning no property whatsoever, the executor won't petition the court for appointment. An executor named in a will who is never appointed by a court has no power and no responsibilities. The will can be simply "filed" with the probate court for a nominal sum without actually opening a probate procedure. It will be indexed in the probate records for future/historical reference purposes only.
The court will appoint someone if no one volunteers.
brutus leaving
streak
Leaving the Scene of a Property Damage Accident
The will should have named an alternate. If it didn't, find some one who willing to do it. The estate lawyer must notify the court of the executor's death and petition for the appointment of a successor.
So what's the problem. It was the sister's property to bequeath as she wished.
The cast of Leaving the Harbor - 1992 includes: Guido Gruczek as himself
any vehicle leaving private property and entering a public road ,is at fault. all vehicles leaving private property MUST yield to vehicles on a public road