Legal Question in Wills and Trusts in California

Re: executer's responsibilities

An executor, or "personal representative" as they are known in Michigan, cannot change a will per se. They are charged with carrying out the wishes of the decedent, which in this case is the language/intent of the will. If the will is ambiguous, they can ask the court for interpretation or instruction on how to distribute assets. For more info, please contact my office at (248)851-3171.

Re: executer's responsibilities

The executor's job is to first gather and report all inventory belonging to the decedent's estate(bank accounts, stocks, cars, real estate), file the inventory with the court, pay all creditors, and prepare an accounting. If there is not enough cash to pay creditors, then they may be required to sell certain assets. After all of that is done, the executor can then distribute what remains according to the wishes expressed in the will.

Re: executor's responsibilities

The executor's duties are to gather the estate assets, value them, pay bills, and distribute them according to the will. Unless the will gives the executor discretion, the executor must follow what the will says. In certain cases, they may ask the court to modify the will, but only to carry out the will-maker's intent, or to preserve a beneficiary's government benefits.