Legal Question in Wills and Trusts in Illinois

My Mother says I was named Co-Executor In her Will. What if I don't want to be Co-Executor? Can I be forced Into It?

Thank you!


Asked on 10/24/11, 9:01 am

3 Answers from Attorneys

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

You cannot be forced into it. If you don't want to serve when the time comes you can execute a declination to act.

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Answered on 10/24/11, 9:07 am
Sanford M. Martin Sanford M. Martin, P.A.

No. Standard legal language in a will requires that an executor be "willing and able to serve."

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Answered on 10/24/11, 9:07 am
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

No. But I would advise that you wait until the time comes before making a decision. Your mother may have set the Will up this way so that you are better able to protect your own interests at that time.

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Answered on 10/24/11, 10:16 am


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