Legal Question in Wills and Trusts in California

Can the intent of a will be changed? And can a will be executed without the executor present?


Asked on 9/06/09, 11:34 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You question is unclear. Normally, there can not be a change in to whom the assets of the estate are eventually transferred to. Ther have been a few cases involving very large estates in which the Court determining that the apparent intent of the Will [give money to a limited number of charities in Mariln County] and been changed [established the Buck founation for studying of aging because amount of estate assets greatly exceeded amount of of money the few charities could use].

The court appoints an administrator of the estate and he handles the distribution. That may or may not be the executor.

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Answered on 9/07/09, 4:48 pm
Scott Linden Scott H. Linden, Esq.

As long as the person who created the will is still alive and capable of understanding what the will is and what effect it has on their estate, then they are free to change it so long as they remain competent to do so.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 9/08/09, 12:27 pm


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