My brother was executor of my parent’s estateboth still living. My brother passed away and my dad wants to make me the executor. What needs to be done?

Get Legal Help Today

 Secured with SHA-256 Encryption

My brother was executor of my parent’s estateboth still living. My brother passed away and my dad wants to make me the executor. What needs to be done?

My parents have wills naming my brother as executor. My brother passed away. Do
my parents have to make out new wills?

Asked on August 9, 2016 under Estate Planning, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When someone wants to make significant changes to their Will, they should draw up a new one entirely. However, if all they want is to change the executor of their estate, they can simply add a "codicil" to their Will. A codicil is a written amendment that makes changes to a Will without invalidating it. It must be executed in the same manner as a Will and make reference to the changes to the Will. Crossing out language or adding new language does not meet the legal requirements for executing a valid Will. Therefore it won't result in a successful modification of the Will and may invalidate it In KS, for a codicil to be valid, it must be signed in front of 2 adult witnesses (they do not have to be the same people who witnessed the Will) and the individual executing the Will/codicil must have legal capacity.


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 with SHA-256 Encryption