QUESTION
Where is it written that I am the executor of the will?
Asked on May 23rd, 2013 on Estate Planning - Wisconsin
More details to this question:
My parents have asked me to be the Executor of their Estate. Is this stated in the Will or do is there a separate documentation other than the will to be assigned the Executor? Please advise.
24 ANSWERS
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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Generally, the executor is appointed in the will. If you are to be the executor, it couldn't hurt to review the provisions of the will with your parents to make sure you understand their wishes in advance of assuming the duties.
Answered on May 27th, 2013 at 12:24 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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It must be stated specifically in their Last Will & Testament.
Answered on May 27th, 2013 at 12:23 PM
It is in the Will.
Answered on May 24th, 2013 at 1:32 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This should be clearly stated in the terms of the Will.
Answered on May 24th, 2013 at 1:40 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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This will be in the will. The should be two wills, one for each parent.
Answered on May 24th, 2013 at 1:40 AM
The executor is named in the Will. If the estate must be probated, then the court will actually appoint the administrator of the estate; that person can be someone who is not named executor but the court normally favors the person named in the Will. Since your parents did not use an attorney to prepare their Wills, they should read some books on estate planning, such as the Nolo Press books, to be sure that they have done what they really intended and did not create any tax problems.
Answered on May 24th, 2013 at 1:39 AM
2 Awards
Typically, it is stated in the will.
Answered on May 24th, 2013 at 1:39 AM
2 Awards
The will is the only document that would name an executor. If there is no will or if the will does not name an executor, you can still petition the court to probate your parents estate. Usually the first one to the courthouse steps (if there is more than one person who has an equal right to probate the estate) will get the appointment so I would not delay.
Answered on May 24th, 2013 at 1:12 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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To be the executor of a person's estate, that appointment is usually stated in the will. If no will, then you could be named the administrator of the estate of your parents, if that is what they desired. The duties are the same in the administration of the estate whether as a executor or administrator.
Answered on May 24th, 2013 at 1:08 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It will be in the will.
Answered on May 24th, 2013 at 1:01 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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The appointment as executor (personal representative) would be in each of their wills.
Answered on May 24th, 2013 at 12:58 AM
Thomas Edward Gates
The Will will list the Executor and alternate.
Answered on May 23rd, 2013 at 2:47 PM
The will should designate the personal representative. A trust may be better to avoid probate.
Answered on May 23rd, 2013 at 2:46 PM
If it is stated anywhere, it will be in their Wills.
Answered on May 23rd, 2013 at 2:46 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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It would be stated in their Will(s). You might want to ask them for copies and for information on where you can find the Will(s) at the appropriate time.
Answered on May 23rd, 2013 at 2:46 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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The executor is named in the will.
Answered on May 23rd, 2013 at 2:46 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It is stated in their wills.
Answered on May 23rd, 2013 at 2:46 PM
The executor nomination is part of the Will. Upon the death of will maker, you take the will to court along with a probate petition to have your nomination confirmed and your power to act for the estate granted.
Answered on May 23rd, 2013 at 2:45 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Their nomination will be stated in their Wills. (Incidentally, in modern terms it is "personal representative," not executor. You will not actually be personal representative until the Will is submitted to the Court, and the Court appoints you personal representative and issues "Letters Testamentary." So don't go tearing around right after your surviving parent passes away doing a bunch of stuff and paying a bunch of bills. Petition the court to be named PR; send notices to creditors and everybody who cares. Organize your thoughts. Then get things done.
Answered on May 23rd, 2013 at 2:45 PM
3 Awards
They put it in the Will. You do not need to sign anything at this time. However, when they are deceased, you will need to Petition to the court to be appointed to serve, the court will need to order your appointment and then you need to sign and have letters Testamentary issued to you. Until all of that happens, you are technically ton he Executor. Once that is all complete then you are.
Answered on May 23rd, 2013 at 2:44 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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In the will. You are not executor until appointed by court.
Answered on May 23rd, 2013 at 2:44 PM
The designation of an executor is almost always written in the will document.
Answered on May 23rd, 2013 at 2:44 PM
2 Awards
In order to have the legal right to serve as executor of a person's will, you must be specifically named in the will as the executor. Upon death of the person who made the will, the will is admitted to the court and the court, if it accepts the will, can then appoint you as the executor at that time. There are certain qualifications that must be met to be an executor, primarily, you must be at least age 18 and not have any felony convictions in your background. If you qualify, then the court may issue an order which appoints you as the executor. So just being named in the will does not mean that you are automatically the executor.
Answered on May 23rd, 2013 at 1:29 PM
4 Awards
Typically, it will be in the will. If not, you can petition to become appointed.
Answered on May 23rd, 2013 at 1:28 PM