It would be very unusual for a minor child to be appointed an executor of any estate. Nevertheless, anyone who accepts the position and/or named in a Will to the position can request the court to be released from that obligation.
It would seem that you have been left out of the will. As a natural heir, you would have standing to contest the will. You should consult a probate attorney to determine what you want to do.
Alternate ExecutorsThis will depend on the Probate [sometimes called "Succession"] law of the state in which the deceased [who assigned your father as executor] lived, and thus the will was probated.Usually, the will for which your father was named executor will have a statement naming an alternate (s) executor in the event the named executor [your father in this case] is unable, for any reason, or unwilling to serve in that capacity.If there was no provision for appointing an alternate executor then the Probate law of the state in which the deceased lived will determine the assignment of a new executor.In this type of situation, it would not be uncommon for your mother to be named by the Probate Court as the replacement executor [called an "executrix" in the case of a female].
The first child born to the executor of the will of Francesco Petrarch, considered the father of humanism, was named Giovanni.
james olgrthon
Complain to the court immediately. The court can compel the Executor to file an accounting or replace the Executor if they will not perform their duties with expediency.
Can you sell a real estate property titled in trustee after mother and father dies
If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.
Then someone else is and must follow the wishes of the deceased.
You file a claim with the court (they should have a form you can use) along with proof that your father owed you the money. Once you file it the executor must pay the debt.
It is fraud. You cannot 'edit' a will once the testator has signed it. And amendment or codicil can be filed to change parts of the will, but they have to be done by the testator, not the executor.
There is no reason you cannot become executor of an estate as long as the court agrees. As long as you are 18 or older, you can serve in that capacity.
Your father's first cousin, once removed, is your 2nd cousin. Your father's second cousin, once removed, is your third cousin.