Legal Question in Wills and Trusts in New York

Re: executor and will strength

A. An executor is a bound by fiduciary duty to carry out the terms of the Will, as it is written. There may be some room for discretion, such as whether assets are distributed "in kind" (like stocks) or are liquidated and the proceeds distributed. B. To remove an executor, you must apply to the Court and prove a basis for removal. This requires notice and a Court hearing.

Re: executor and will strength

A. An Executor is a fiduciary and as such must carry out the terms of the Will as it is written. There is some room for discretion, like whether assets are distributed "in kind", such as stocks, or liquidated and the proceeds distributed. B. An Executor can only be removed from office by the Court. This requires an application to the Court, notice to everyone involved and a hearing to determine if there is a basis for removal.