Legal Question in Wills and Trusts in California
Can Dad chang the executor in his will after mom dies?
My mother and father each had a will, my mother died and now dad wants to change the executor from me to my sister. Can he do that? I have been told that I would be the executor for over 20 years.
2 Answers from Attorneys
Re: Can Dad chang the executor in his will after mom dies?
I am sorry to hear of your mother's passing, I know this must be a troubling time for you.
If your parents only have wills (and not a family trust) then your father can change the executor as many times as he chooses by making an Amendment to his will.
If this is a trust situation, then there may be some action you can take, at least in regards to the standard A-B trust split, but this would be dependent on the terms of the trust.
Do you know if it is just a will or also a trust? What county did all of this take place in?
Please feel free to contact me directly at the email provided by LawGuru or through our firm's site at PasadenaEstatePlanning.com.
Re: Can Dad chang the executor in his will after mom dies?
Yes. If your father has testamentary capacity, he can make a new will or a codicil (amendment) to his existing will. And he can change his beneficiaries (heirs) as well as his executor, so be a good daughter and don't worry about who will be executor. It's a thankless job anyway.
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