What happens if the executor of a will passes before the person making the will?
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What happens if the executor of a will passes before the person making the will?
My mother is currently in a nursing home, but in looking over her personal
documents I found Her will. She left everything to my stepfather and
named him executor of her will. Should he predecease her, everything is
divided between me and my brother. My stepfather passed away 11 years ago.
Who will now be the executor of her estate? Does she need a new will?
Asked on October 29, 2017 under Estate Planning, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If she does not make a new will, the court would appoint an executor during the probate process. However, if she wants to have a say in who the executor is, she should either revise the will or add a "codicil" or "addendum" to it naming a new executor--this would be a one-page document, signed and witnessesd like a will, which simply identifies a new executor. Ideally, she should not just name a new executor, but should also name at least one back-up executor, in case the primary one cannot or chooses to not serve.
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