Can the executor of a Will hand over the title/duties to someone else?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can the executor of a Will hand over the title/duties to someone else?

In this case, the executor named in the Will is an adult child of the deceased. He wants to hand over the duties to someone outside the family. The deceased is also survived by another adult child and 2 siblings. Can he do this? And how would he go about it?

Asked on June 14, 2012 under Estate Planning, Maine

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The appointemnt of an executor is not able to be "passed down" to some one else should you not wish to serve.  He must resign or "renounce" his duties and another muct request to be appointed in his place.  That appointment is on notice to all those that may benefit or will benefit under the Will.  So if his siblings wish to be appointed in his place - and the court would likely favor family members - then they could also apply.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption