Legal Question in Wills and Trusts in Maryland
If someone appoints their Mother as executor of their will and also names a back up executor, can the Mother have a third person, not named, help her rather than the person appointed as back up?
2 Answers from Attorneys
The named primary person cannot normally in an unilateral manner change the alternate named in the WILL.
but, typically the person named to act as a "back up" is really named as an alternate who only acts as the PR (executor) if the primary named person cannot act for any reason. .
A personal representative can seek assistance with probating an estate. The language of the Last Will and Testament as well as statutory requirements applies as to compensation, if any.
Ordinarily a personal representative would accept appointment where they are competent and capable of performing the required duties. In an instance where a primary personal representative becomes not compentent and capable at some time after the Last Will and Testament was written, the secondary personal representative could provide the necessary performance.