Legal Question in Wills and Trusts in California
Need to change the executrix named in my father's will. The will signed in '64 had my aunt, his sister, the the executrix. How do we make the change from my aunt to me. She is willing to make the change.
2 Answers from Attorneys
If your father is alive, only he can change the Will. If he has died and your aunt does not want to be executor, she can decline to act. If there is no one else named in the will, your father's children are first in order of priority for appointment.
If a probate is required, with your aunts declination to act as executor, you may petition to be appointed administrator of your father's estate. You need to consult with an attorney to determine what is required for your father's property to pass according to his will.
If you would like to obtain legal advice about your situation, I am available to consult with you at your convenience. The initial consultation (30 minutes) is free. If you would like my assistance, please contact me at 916 925-6005.
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