Legal Question in Wills and Trusts in California

My cousin is the executor in my mothers will....can she decline as executor and name me?


Asked on 1/07/11, 8:32 am

2 Answers from Attorneys

James Cunningham Jr CunninghamLegal

She can decline but the next named executor, if any, will then be the nominee under the will. If you aren't named, you will have to get declinations from all nominees and then the court can appoint you executor. This should not be construed as legal advice. If you would like to discuss call me at 916-235-8700x123. Jim.

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Answered on 1/12/11, 8:39 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Your cousin can resign as executor in favor of the person who was named as successor in your mother's will. If that is not you, you would have to petition the Court to be appointed executor. Unless all of the people involved agree that you should act as executor then the Court will need a very good reason to appoint someone other than the executors your mother wanted. Please feel free to give me a call if you would like to discuss this further.

Jon Reich

310.478.2541

www.dwclaw.com

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 1/12/11, 8:45 am


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