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What else can I help you with?
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.
Can an executor witness a will?
No. An executor, onced appointed by the court, has complete and uninhibited access to the decedent's assets. Therefore the executor derives some benefit from the will and should not be a witness. If the other witness should be unavailable to testify regarding an objection to the will the executor as the sole available witness would cause the will to be exposed to challenges.
Can my sister as the executor be a beneficiary?
No. Only the court can appoint an executor. You could petition the court to name your sister as co-executor but make certain you provide a good reason to support your request.
Can the executor also notarize the will?
You don't notarize a will, you notarize a signature, such as witnesses to the will. Yes, in most places an executor can be a witness and have their signature notarized. There are sometimes problems when a beneficiary is also a witness.
Can my primary beneficiary be executor?
Yes. However, they should not be a witness to the will.
In the state of Virginia can an executor also be witness to and beneficiary of a will?
Being named the executor and the beneficiary, and then signing as the witness would leave the will vulnerable to challenges. A beneficiary is often named as executor in a last will. Generally, you should not be a witness or notary of any written instrument from which you will benefit. However, in Virginia it may be legal according to the following section: § 64.1-51. Interested persons as competent witnesses. No person shall be incompetent to testify for or against the will solely by reason of any interest in the will or the estate of the testator. You should check with an attorney in Virginia who specializes in probate.
Can the executor of an estate purchase a silencer?
The executor of an estate is not granted any special privileges vis a vis firearms. If an ordinary citizen of the jurisdiction in question could legally purchase a silencer, then the executor can as well. If not, then no.
Can your sister who is listed as an executor along with you also as an executor try to have you removed as an executor on your mothers will?
Yes, she can petition the court to be the sole executor. If there is conflict, the court may very well appoint a third party, a bank or attorney, without a vested interest in the estate. This typically costs the estate money in the form of compensation to the executor.
Can the executor disinherit someone from the will?
The executor is often a beneficiary of the will. They have to show the court a complete accounting of the estate. This means the judge has to validate that they aren't taking more then they are entitled to.
Does an executor of a will get compensated?
The executor of a will is entitled to fair compensation. The amount needs to be reasonable and well documented. The probate court also has to agree that the amount is fair.
Can executor of the estate see the will without decedent's permission?
The executor of the estate is responsible for executing the will. They will have to get the will eventually. The decedent, being dead, cannot very well object to their seeing it.
Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
