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Suggest changes to whom? The will should be drafted by the testator without influence by any other party except their lawyer or a trusted friend or relative with whom they usually discuss their private affairs. And, suggestions should be made only at the request of the testator. Changes made at the unsolicited suggestion of the executor may constitute undue influence.
The executor has no special right or position to influence the testator unless they have always been a trusted advisor. An executor who has too much influence on the testator can cause the will to be vulnerable to challenges.
Another Perspective
If the executor has special knowledge about the law that the testator does not have, then there's no reason he couldn't pass that along... something like "hey, this bit here? You can't actually do that. You can accomplish pretty much the same thing by wording it like this..."
What else can I help you with?
What happens if an executor changes a will?
An executor who makes any changes to the will is in violation of law and should be reported to the court that made the appointment immediately. They should be replaced as executor.
Does the Executor answer to the beneficiaries?
The executor should operate in the estate's best interests.
Can the executor for your mother change anything in her will?
The executor has no right to make changes. The only person that can change it is the mother or the court.
Can a daughter have her mother's will changed prior to her being named the executor knowing her mother is dying of brain cancer?
No one can change another person's will. The testator can make changes only if they have the legal capacity to make changes. No one can "have" another person's will changed because a legal professional knows that it cannot be done. If the daughter who is trying to change the will is the named executor the family should object to her appointment as the executor after the testator's death. Some other more trustworthy and responsible person should petition to be appointed as the executor.
How do you fire executor of your will?
Assuming the person who made the will is still alive, he/she can do another will or do a codicil to that will that changes the executor to someone else. If the person who made the will is dead, he/she cannot change the executor. Obviously.
What if the executor of a will was put in jail for a felony conviction does the secondary executor listed in the will automatically become the executor?
No one automatically becomes an executor. The executor must be appointed by the court. The first executor will need to be removed by the court and a successor must be appointed. However, the court will do nothing until a petition is filed requesting the changes.
What happens when executor steals money and forges documents?
The executor should be reported to the attorney who is handling the estate and the court immediately. What you have described is criminal behavior and the executor should be prosecuted.
Can a person remove themselves from being an executor of a will?
Absolutely not. Once a will has been allowed by the court and the executor has been appointed by the court, the executor must settle the estate according to the terms in the will. The executor must follow the state probate laws and works under the supervision of the court. If they mishandle the estate they can be removed and may be personally liable.
IHow do you seek restitution from an executor who violated the terms of the will?
You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.
Can a co-executor delay distribution of funds indefinitely?
No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.
In the state of Georgia does an executor of an estate have to show annual reports or tax returns to the heirs of the estate?
The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.
Is the full legal description of the property included in the the executor's deed?
The full description, as it is recited in the decedent's acquisition deed, should be included in the executor's deed. The executor's deed should include a reference to the deed book or certificate number of the decedent's acquisition deed.The full description, as it is recited in the decedent's acquisition deed, should be included in the executor's deed. The executor's deed should include a reference to the deed book or certificate number of the decedent's acquisition deed.The full description, as it is recited in the decedent's acquisition deed, should be included in the executor's deed. The executor's deed should include a reference to the deed book or certificate number of the decedent's acquisition deed.The full description, as it is recited in the decedent's acquisition deed, should be included in the executor's deed. The executor's deed should include a reference to the deed book or certificate number of the decedent's acquisition deed.
