If my attorney was to be the executor of my estate but is ill and retiring, how do I change my Will and appoint someone else?

Asked on July 22, 2015 under Estate Planning, Missouri


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You may or may not need to appoint someone else right now.  Most wills have a provision that allow the probate courts to appoint an alternative executor in the event that the regular executor becomes incapacitated.  This means that the executor who is currently ill won't necessarily be the executor. 

If this does not give you peace of mind because you are concerned about who the court may appoint--then you simply need to execute a new will.  To do so, you basically redo the old will, after editing the executor to appoint a new executor.  You have to execute a new will.  Writing over the old will only invalidates the old will-- you have to re-execute in order to have your wishes honored. 

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