Legal Question in Wills and Trusts in California
Can an executor of a Will that has "full authority" remove an heir or devisee?. Nothing is mentioned in the IAEA, Thank you
3 Answers from Attorneys
An Executor with IAEA powers ("full authority") does not have the power to remove an heir or devisee. IAEA powers/full authority just gives the executor the power to manage and administer the estate without having to seek instructions and approval from the court before taking administrative actions. If you need further assistance regarding this matter please contact our office at 858.558.1191.
No. The Will expresses the last intentions of the deceased. The Executor is charged with carrying out the instructions in the Will and also taking care of final legal liabilities (last expenses, taxes, creditor's claims, etc...) and to file a complete accounting with the Court.
Why would you think that the person appointed to "execute" the Will has the power to change its clear instructions? The term executor is used before the probate court appoints someone, normally the named executor, to administrate the probate of the estate. Has some one been appointed yet or must this matter still go to the probate court? I suspect that necessary step, if the estate is worth more than $100,000 before debts, has not yet been taken and must be. The person handling the estate better read some books on it, even if it seems like a simple matter. Failing to pay a valid claim before all the assets have already been distributed can result in the administrator being personally liable.