Legal Question in Wills and Trusts in Arizona
If you are an executor of an estate and you quick claim property for release, does the will
supercede the quick claim or by releasing your interest in the property does that release
you from responsibility as far as any debt or other obligation?
1 Answer from Attorneys
It is hard to tell what you are really asking, however, if you release or waive any claim to property in an estate, you do not incur any debt or other obligation with regard to that property. An executor of an estate owes a fiduciary duty to all interested parties in the estate, including both creditors and heirs. The executor is duty bound to administer the estate according to the terms of the Will being probated. An executor's action must be in accordance with the Will. It sounds like you should consult with an attorney to learn about your rights, duties and obligations in this estate.