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What else can I help you with?
No executor do heirs have the right to appoint one?
The heirs have the ability to nominate an executor. If the court agrees, they will issue the letter of authority.
Can you remove an executor without going to court?
Not once they have been appointed as executor. The court has issued a letter of authority to that executor. That will have to be cancelled and a new one issued to the new executor.
What if someone else is better suited to be executor?
A person appointed in a will can decline to serve as executor. They can certainly nominate someone they feel is more qualified, or the court will appoint someone in any case.
Is a Will valid if the only one Executor appointed in it dies?
Yes. The court will appoint a new executor when it is notified that the first executor it appointed has died.
What if you don't want to be a co executor?
Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.
Who becomes executor of will when original executor dies?
Upon the death of the testator the Will must be presented to probate court for allowance and the court must appoint the executor. The court will generally appoint the executor named in the Will if one was named. If that person is deceased or declines to serve the court will appoint a successor. An interested party can request appointment.
What does with will or will annexed mean when talking about an estate case summary?
An administrator with will annexed is an administrator (appointed by the court) who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve.
Do you have to make a new will if the sole executor predeceases you the testator?
No, you do not have to make a new will. You could make a codicil to appoint a new executor, an amendment to the existing will. Or the court will appoint one when the will is submitted to probate.
Brother is the sole executor. He had the will changed after Mother had made a new one. Is this legal?
The executor has no authority to change a will. It is not their document and it is illegal to do so.
What if executor has died before applying for grant of probate?
If at the time of death of the testator the named executor is deceased the court will appoint a successor. Another family member can petition to be appointed the executor or the family can nominate a successor who must be appointed by the court.
Can an executor be a witness on a will in New York?
As a rule, the executor of a will in New York can be a witness but in most cases it will void any benefits to the executor.
Does the original executor have to be notified if a new executor has been named?
Yes. The court will notify the original executor they have been removed although they should already be aware there are problems with their fulfillment of their duties. If they didn't request to be removed as executor then the beneficiaries requested their removal. They are required to file an account detailing their activities regarding the estate assets. The original executor does not have to be notified if the situation is one where a person during his/her lifetime makes a new will in which a new executor is named.
