Submitted by PendingExecutor on Fri, 07/24/2009 - 19:40
How hard is it to block my appointment as executor by a 30 year companion who is named in the will to remain in the decedent's home for three years after his death in order to find sutiable accomadations? Also outside his will he left her as beneficiary of his IRA. 50K What is the percentage tha I will prevail as the executor?
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Editor's Response
Not sure I am following your question, but if you are asking how difficult it will be for the live-in companion to challenge the appointment of an executor (you) named in the will, the answer is: pretty difficult. The companion will have the burden of convincing the court that you should not be the executor by making some legally recognizable argument, such as undue influence on your part.
As for the IRA, if he named her as the beneficiary of the account, that is a non-probate asset. The companion owned that account as soon as your father passed away.