Legal Question in Wills and Trusts in New Hampshire

wills

If a person is appointed executor of a will, is he obligated to follow the wishes of the person who made the will, and what can be done if he refuses to follow the last wishes?


Asked on 7/16/07, 3:49 pm

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

Re: wills

A duly executed will is of no significance until presented to and approved by the Probate Court. The judge will accept the will and issue a letter of appointment authorizing the executor to take steps to comply with the terms of the will. The judge will normally require the executor to post an insurance bond to insure the assets of the estate. If an executor fails to file accountings or acts contrary to the terms of the will, without prior authorization from the court, the judge can hold the executor in contempt, issue sanctions and make claims against the bond. Wishes expressed outside the will are merely that. They have no legal import. You sould consult with a lawyer who can examine the specific facts of your case.

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Answered on 7/17/07, 8:09 am


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