Legal Question in Wills and Trusts in California

Can I change who I named executor of estate before I die?

I think my 1st son tricked me by, making him exector to my estate. He had me sign some type of paperwork. I can't read or write the english language due to limited schooling. I have 2 other children who are remainderments for my property. I can't sale without thier permission. My main question is to see if I am able to remove son 1 from being executor of estate, I want my daughter to have this title instead. As it shows, I am 100% on my home. My daughter lives and supports me financialy 100%. Son 1 has never been to my home nor provided any type of support for me or this house his whole life. Please help, I am being taken advantage of.


Asked on 5/06/04, 9:25 pm

4 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Can I change who I named executor of estate before I die?

Prior to your passing, you can almost always change the terms of your testamentary document.

An irrevocable trust may have some limitations, but they can also be overcome, especially in the case of duress as you hacve described.

I do wonder why you feel you are unable to sell the home without your children's permission if you are 100% title holder.

Please feel free to contact our office for any assistance concerning these issues. We can be reached at (626) 578-0708 or online at

www.No-Probate.com

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Answered on 5/18/04, 7:45 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Can I change who I named executor of estate before I die?

You can always change the executor of your estate, as the will has no effect until your death. You may have signed other papers as well, though, that take effect during your life, such as powers of attorney or beneficiary forms. See an attorney about making the change, and review what you signed with the attorney to make sure everything is still in your name and will go to the right people at your death.

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Answered on 5/07/04, 12:47 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Can I change who I named executor of estate before I die?

Sure and no problem. Contact me and we will revoke all prior instruments and create a trust according to your wishes. My number is (310)266-4115

Very truly yours,

Christopher Brainard, Esq.

468 North Camden Drive, 2nd Floor

Beverly Hills, CA 90210

(310) 266-4115

(310) 878-0100

www.christopherbrainard.com

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Answered on 5/07/04, 1:16 pm
Scott Schomer Schomer Law Group

Re: Can I change who I named executor of estate before I die?

It is an easy matter to prepare a new will and revoke the old one, thus replacing your son as executor. See an estate planning attorney as soon as possible.

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Answered on 5/06/04, 9:31 pm


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