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Yes. An executor has no legal authority until the will has been filed with the probate court and the executor has been appointed by that court. If the person named as executor in the will is deceased or chooses not to act as executor, they can file a declination or the petitioner can note in the petition the named executor is deceased. In either case, some other person can petition for appointment as executor.
What else can I help you with?
Can a executor change a will after parents death?
No, the executor is responsible for carrying out the decedent's wishes as spelled out in the will, but the will itself cannot be changed.
Can a will be changed if the executor dies My grandmother cut us grandchildren out when my dad died. are we still entitled to the estate?
The death of an executor does not affect the will. The will is followed by the executor who reports to the court. If the grandmother left the children out of the will, they will not be entitled to anything.
Can executor of will change beneficiary after death?
Can an executor of will change beneficiaries before or after death
Can an executor change will before death?
No, the only person who can change a will is the person who wrote it, or perhaps a court that is convinced there is some obvious mistake that needs to be "changed" to accurately reflect the testator's intent.
When a will is set up or changed does the executor have to sign the will?
The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.
Must executor of will be notified if he is removed as executor?
If the will is changed, there is no requirement. If the court has already appointed them, then yes, they must be notified that their letter of authorization is no longer valid.
How do you change executor of estate in Missouri?
Yes an executor can be changed. The court has to approve the change and re-issue the letters of authority.
How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?
The executor can file a resignation with the court and you would petition for appointment as the successor.
Can you be an executor without knowing?
You can be appointed executor without knowing it. There is no requirement to share the contents of the will before death.
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.
In California can you be the executor and power of attorney?
You can be asked to serve as both, but not at the same time. And executor cannot do anything before death and a power of attorney expires on death.
The Executor has read and divulged the contents of a Will to beneficiaries while the testator still lives. What should we do?
That is an inexcusable breach of confidentiality. The breach should be reported to the testator so she/he may have the option to amend the will and name a new executor. In fact, the testator should name a new executor since that one has proven by their actions they are not trustworthy.The beneficiaries should know that a will can be changed by the testator at any time prior to their death and doesn't become effective until the testator has died and the will has been submitted for probate and allowed. If the will has not been changed at the time of death to name a new executor, objections should be made to the appointment of that executor and someone else should petition to be appointed. The evidence that the named executor breached the confidentiality of the testator by revealing the contents of the will should be brought forth at that time as evidence that they cannot be trusted.
