Legal Question in Wills and Trusts in Florida
executor of a will
A person has made me executor of her will. I do not wish to be so. When she dies, am I under any legal obligation to carry out the terms of the will? Can I just ignore it? I have spoken to her and she refuses to change the executor.
2 Answers from Attorneys
Re: executor of a will
No, you have no obligation to serve. The nomination in the will merely gives you preference/priority over others who wish to serve. Upon the probate of the will just file a waiver or otherwise inform the court that you do not wish to serve.
Re: executor of a will
In Florida, the term is personal representative not executor. You can not be forced to serve in this fiduciary capacity upon the death of your friend.
The form to decline the position is a Waiver and can easily be filed with the Court that will have jurisdiction of the estate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
