Executor of a will - Legal Help Forum

chris1203 · 11-07-2009, 12:46 PM

My sister passed away and my family chose my sister to be the exector of the will. When she tried to be the executor, however, they would not let her because her credit was not good enough. Now, my sister didn't have a will that designated an exector but still...why should you have to have good credit to take over this job?

Taggart · 11-08-2009, 08:41 AM

I've never heard of that stipulation. Was that a legal requirement in that area or maybe some of the family questioned her ability to handle the money?

chris1203 · 11-08-2009, 12:00 PM

Quote:

Originally Posted by Taggart

I've never heard of that stipulation. Was that a legal requirement in that area or maybe some of the family questioned her ability to handle the money?

I don't know the complete details, I I know none of the family questioned her ability to handle money. Apparently, when she went to a lawyer to find out what she needed to do to become the executor, he told her that she didn't have good enough credit.

mollyL · 11-08-2009, 09:55 PM

This is just a guess...Perhaps it is thought that if an executor has bad credit that they may be tempted to divert some of the money or property to help themselves out of their debts...

?

Taggart · 11-09-2009, 09:34 AM

Quote:

Originally Posted by mollyL

This is just a guess...Perhaps it is thought that if an executor has bad credit that they may be tempted to divert some of the money or property to help themselves out of their debts...

?

That crossed my mind too. There is an established payment by percentage for executing a will, isn't there? Maybe that's something that is different in different areas.

mollyL · 11-10-2009, 05:24 PM

Come to think of it, Taggart, I think there is some kind of payment to the person for being executor.
Another possible reason I thought of could be that someone with money problems probably couldn't pay the fees to have the matter brought before the court. (At least in the US there are substantial fees that have to be paid, I don't know if it's that way in Canada.)