Legal Question in Wills and Trusts in California

if say a father has four children three older daughters an the youngest of the four is a son, who would be executor of the the will would it be the oldest daughter or will it be the youngest son because he is the last living ????(lastname) or if a executor was named as the stepmom can the son or any of the sibblings take control away from the stepmom if she were the executor of the will


Asked on 7/22/09, 7:19 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

The testator (in this case, the father) has the absolute right to name the executor in his will. Generally, a testator will choose the person most trusted to carry out the testator's wishes. If, by the time the testator dies, the executor is unable to carry out the executor's functions (either because of illness or just, well, because), then the person designated next-in-line becomes the executor.

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Answered on 7/22/09, 9:41 am


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