If there is a executor over a will what rights does the spouse have?

Answer 1

A wife has legal rights whether or not she is the executor. Most states have a statutory provision under the doctrine of election. Under that provision, a wife can claim a statutory share of her husband's estate if her distribution under the will is less than she would receive by law. You should consult with an attorney in your state who specializes in probate to determine what your rights are under the laws of your state.

As for the settling of the estate, the executor must be appointed by the court. Interested parties will be provided with an opportunity to object to the appointment of the named executor and the court will hear the objections. If the objections are serious enough the court will appoint a different person as executor. Once appointed by the court, the executor will have the power and authority to settle the estate under the provisions in the will and according to the probate laws under the supervision of the court.

Answer 2

The spouse has the right to inherit under the will or by the right of election in most jurisdictions if the provisions in the will are not adequate. However, the executor has the right to collect and distribute all the property the decedent owned as an individual after the payment of the debts of the decedent. Any property owned by the couple as joint owners with the right of survivorship will pass automatically to the surviving spouse as the sole owner.

Answer 3

The executor has authority over the estate. In fulfilling their duties, they may have to ask the wife to do certain things. The specifics of the situation may have the executor selling property on behalf of the estate.