Legal Question in Wills and Trusts in Illinois

Changing Executors

My father has a Will and Rev. Living Trust. My father wants to change the Executor of the will. He was told this person will have to sign the papers also to remove himself as Executor. Is this true, and would this person also have to sign papers to remove him from being a co-trustee of the Trust.


Asked on 12/01/08, 4:23 pm

2 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Changing Executors

Your father can change his Will at will without the previously designated executor's consent or knowledge.

As for the trustee, it's going to depend on what the trust says, but, a revocable living trust typically allows for the grantor to change the trust without anyone else's consent. The trust document needs to be reviewed carefully though.

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Answered on 12/01/08, 4:28 pm
Naheed Amdani Law Offices of Naheed A. Amdani, P.C.

Re: Changing Executors

Typically wills and revocable living trusts can be changed without notifying the executors or trustees. If the current trustee of the revocable living trust is someone other than your father, make sure to review the trust document carefully.

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Answered on 12/01/08, 4:33 pm


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