Deciding Where to Go > General board for soon-to-be 1Ls

Executors of Wills

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Outlaw:
Hi.  I'm not a graduate or a student, so feel free to ignore or abuse me.  ;D  (Great smileys on this board)

Recently, my mother has decided to change the will of my deceased father, as she is an executor.  My brother is co-executor.  After my father died, my mother and brother freely discussed the will with myself and the other siblings.  But recently they are doing this in private, as though it is in their power to do as they wish because they are the executors.

My question is: As co-executor, does my brother have any powers in re-writing or changing the will, or are his powers limited only to carrying out the will of whoever's name it is in, as well as looking after the financial side of things?

Laura

Ivy_Hopeful:
Laura,
I would help but unfortunately you posted this question on the wrong forum, you should consult the Law Shool students and graduates, especially in the subject of contracts and wills.  Plus look in the yellow pages that should reveal at least half a dozen of well qualified attourneys that specialize in contracts and the like. Hope this helps.

Trust Guy:
It isn't possible to change the will of a deceased person - the will becomes irrevocable when the decedent passes away.  The only thing an Executor can do (also known as a Personal Representative) is "execute" the wishes of the deceased as codified in the will.  

My guess is you don't understand exactly what's going on here.  So, just to reiterate, executors (PR's) have ZERO power to change a will.  The will is irrevocable at the time of death.

tg

blowhard:
For future reference to any poster with regard to legal questions .... THIS IS A PRE - LAW SITE (AND YES, PRE - LAW INCLUDES LAW STUDENTS) AND THERE4, 1)LEGAL ADVICE SHOULD NOT BE ASKED FOR 2) UNDER NO CIRCUMSTANCES SHOULD PPL PROFFER LEGAL ADVICE W/OUT PASSING THE BAR IN THE RESPECTIVE STATE IN WHICH THE QUESTION ARISES (Law students should really know better :-/) Any legal questions should be entertained by an attorney in your immediate area. Consults are almost always free!

Ivy_Hopeful:
I do agree with blohard, that only those people that can lawfully practice the law in a certain jurisdiction should answer legal questions.  In other words those whom have passed the (MBE) multi-state bar exam in that location.

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