If2 people are listed as administrator on a Will, who makes the final decision?

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If2 people are listed as administrator on a Will, who makes the final decision?

The daughter is listed as administrator and my mother-in-law wishes to add her son. We know she needs an codicil – how do we word it if the daughter has Alzheimer’s for the son to have control, but leave her on will as administrator.

Asked on August 31, 2011 Missouri

Answers:

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

Answered 9 years ago | Contributor

The fact that you are making these changes means that you are cognizant of the need to plan when things involve such important matters such as the probate of an estate.  But your question here makes me a bit concerned about what is going on and I think that you should seek to consult with an attorney in your area.  First, so you know, a person named in a Last Will and Testament is known as the executor or executrix of an estate.  Next, yes, you can indeed make a codicil to the Will naming an alternate executor or executrix,if that is what you want here, and it is often prudent.  But what has me worried is IF the daughter has Alzheimer's now or if you are just anticipating the inevitable (neither which is a plus here).  If she has Alzheimer's - or gets Alzheimer's - she would be disqualified as the fiduciary.  She could not be appointed and she could not make decisions.  You need to seek help from an attorney.  A codicil is just as important a document as a Will.  Good luck.  


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