Legal Question in Wills and Trusts in Massachusetts

Re: Executor of will

There is no difference between executor of a will and executor of an estate. They are the same thing.

Re: Executor of will

There is no such thing as the "executor" of a will.

An "executor" is the person nominated by the deceased and appointed by the probate court to carry out the deceased person's wishes and administer their estate according to the will.

A will is the instrument by which a person can choose/nominate another person as the future executor of his estate.

We represent clients who have been nominated as executor or administrator and help then perform and carry out their duties. The probate process is paper-intensive and based on complicated rules which must be followed.

We also represent clients who are just beginning to think about their estate planning needs and help them craft wills, trusts, and important health care instruments. Please feel free to contact my office for a consultation and to discuss your needs.

Re: Executor of will

There is usually no difference. The executor named in the will must file the will with the court requesting they be appointed by the court as executor of the estate to probate the estate. However, if someone interested in the estate petitions the court and proves the executor named in the will is unable or unsuitable to act as executor, the court may appoint someone else as executor of the estate, although the court will normally not override the decedents choice without good reason.

Re: Executor of will

There is no difference; the Will names the Executor of the Estate and how the estate is to be distributed.

Please feel free to contact me if you have more questions.