If I was named executor if the main executor fails to act, what does that specifically mean?

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If I was named executor if the main executor fails to act, what does that specifically mean?

At which point do I take over? How long does he have?

Asked on July 9, 2019 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The only clear cut case is if the first named executor in writing declines to act or serve in that capacity; in that case, the back-up or secondary executor takes over. But if the primary or main executor refuses to actually step down, one of the heirs or beneficiaries would have to bring a legal action to have him or her disqualified and have the secondary or back-up executor take over.


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