If someone wants to make another family executor of their estate while they are still living, is it possible and what documentation is needed?

Question

Roger Durkin · Answer

An executor is the person named in the will charged with administrating the estate. An executor is appointed in the will. It is not another family, but a person or a fiduciary (trust, bank, lawyer).

Christine James · Answer

It sounds like they are looking for a simple will.

John Brennan · Answer

Yes, and it is clear you have not seen an attorney regarding these matters and should do so.

Thomas Edward Gates · Answer

Your Will will identify them as your executor.

Maura Curran · Answer

You can change your Wills anytime you want. If you, or anyone else, wants to change the Personal Representative (Florida's equivalent to executor) then all you have to do is go back to your attorney and make a new will.

Norman Green · Answer

Hard to tell exactly what you mean, but the answer is either a will or a trust or a management agreement.

Frances Headley · Answer

The nomination of an executor is part of the will. If the person wishes to change the executor then they can do so by amending the current will or executing a new one. You should consult an estate planning attorney to assist you with the documents.

John Groshon · Answer

The person who wishes to name an executor of their estate would prepare a will that names the chosen individual to serve as the executor of the estate.

Mark T. Peters · Answer

They did they just need to make a cota soul to the will naming a new executor.

James Frederick · Answer

There is no executor while a person is living. An executor (we call them Personal Representatives in Michigan), can only be appointed by the court after death. A PR can be nominated in a Will during lifetime, but the Will only becomes operative after the person dies.  What you MAY be asking is whether someone can be named to handle the decisions and management of a living person's finances. The answer is yes, this can be done, through a Durable Power of Attorney form. The DPOA should be prepared by an attorney. The principal can only sign a POA if he or she has capacity, which is something the attorney can assess and testify as to, if there is ever an issue.

Dara J. Goldsmith · Answer

A codicil to the Will is needed.

Georges Shers · Answer

You just make an amendment to the Will (called a codicil) and placed it with all the copies and original of the Will.

Randall Romei · Answer

An individual can name anyone as executor of their estate. The executor claims the office by appointment in a probate estate after the death of the individual. While alive, an individual can create a trust, transfer assets into the trust, and name a trustee that has the power to deal with trust assets during the individuals lifetime and after the individuals death. The individual can also appoint another person as their agent using a Power of Appointment for property. With the power of appointment the agent can deal with the individual's assets during the individuals lifetime.

Edward Armstrong · Answer

The term "executor" is now called "personal representative." An individual designates his or her personal representative in his or her last will and testament. If no will has been prepared than the individual must have an attorney prepare a will for him naming and executor/personal representative. If the individual already has a will and wants to change the person who had been designated as executor/personal representative the person must have a lawyer prepare a, codicil to the previously signed will. The codicil must be prepared and signed with the same formality as a will.

James Weiner · Answer

Generally a person nominate the "executor" or "personal representative" of an estate in a Will. That nomination provides evidence of who the deceased wants to be the executor (and is given a strong preference) but the final decision on who acts will be the probate judges. after death and after a probate action is filed.

Victor Waid · Answer

If preparing a will, then you name the executor in the will. If preparing a trust, then you name a trustee in the trust to carry out the terms of the trust.

Brian Haggerty · Answer

I think you may be talking about a "conservator." This would be a person appointed to manage the financial affairs of another person (the "protected person") while the protected person is alive. A conservator is appointed upon a petition to the court and a showing that the protected person is "financially incapable" as defined by law. Now, a person who still has capacity can appoint another person his or her agent by signing a power of attorney. The agent is not court supervised. Before going any further with this matter, the person who wants to get help with his or her financial affairs should see a lawyer. A power of attorney should only be executed as part of an over-all estate plan.

Edwin K. Niles · Answer

An executor is usually an individual or bank, not a family.

Jayne Sebby · Answer

For a major change like that, it's best to draft a new will.

James Oberholtzer · Answer

It goes in their Will.

James Maguire · Answer

That has to be done in a will.

Bernard H. Greenberg · Answer

They would prepare a Will.

James Chandler · Answer

You can make a codicil to your present will and delete the executor and add another executor, or make a new will.

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If someone wants to make another family executor of their estate while they are still living, is it possible and what documentation is needed?

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