Legal Question in Wills and Trusts in New York

Relinquish Executorship

one of my sisters passed away and made my twin sister executor of her estate. She wants no part of it and wants to relinquish her rights and wants to turn it over to my sister's son who is the only heir to her estate. How would she go about it? My sister lives in NY and our nephew lives on Tybee Island, GA. Can she write a letter relinquishing her executorship and having it notarized. Would this be vaid in the state of GA or is there a form she can fill out. She does not have any money to pay a lawyer. thank you


Asked on 1/29/09, 1:46 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Relinquish Executorship

A primary Executor (first named) can usually only renounce the appointment in favor of the person named as alternate or successor. If the person whom she would like to appoint is not named as alternate or successor, even if the sole heir of the estate, he cannot be appointed. Best is to have the named Executor call the Surrogate and discuss this, to see what forms are needed and what can be done.

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Answered on 1/29/09, 3:19 pm


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