When it comes time to write your will, it is your responsibility to choose an executor. Who you choose as an executor is important because he or she is required to carry out the terms of the will. You will want someone who you can trust. But even more important is that your executor must be someone who will actually want to execute your will.
You Can Change Your Executor At Any Time
If you become concerned that an executor will not properly execute your will, you have the option to choose someone else. Otherwise, the executor is usually removed by the courts. For this reason, you will want to carefully choose your executor because you will otherwise not have control over who ultimately executes your will. If the individual you name the executor informs you that he or she would not like to be the executor, you will have to name someone else.
You do have the option to name a successor executor. Then, if for some reason, the executor is not able to carry out the duties, the successor executor will take over. The more successors you name, the better.
When Your Executor Might Be Removed
Generally, the courts will remove an executor if they find that there is a reason why the executor cannot perform his or her duties. This is usually done if the executor is not acting in good faith. However, the courts will only remove the executor if he or she performs actions that are very damaging to the state.
In addition to having the executor's rights stripped away, the executor may choose to waive his or her rights by signing a renunciation that is witnessed by a disinterested party. This renunciation takes effect the moment it is signed.
If there is no apparent relative who can be appointed to be executor, the state becomes the executor. While the state sometimes is effective in this role, you may have more of a peace-of-mind in knowing exactly who will handle your estate after you pass away.
Choosing The Right Executor
If you are having a difficult time determining if someone should be an executor, have a conversation with him or her. Those who are patient and honest are a great choice. Also, since the executor will have to work with a lot of individuals, those who have good people skills make effective executors. If you are still unsure of who should be your executor, consider consulting with an estate attorney, such as Donald B Linsky & Associate Pa, for advice.Share