Legal Question in Wills and Trusts in Massachusetts

Executors

What is the procedure for changing executors in my will? Do I have to consult an attorney or can I attach a codicil? If a codicil is acceptable, how is it prepared? I want to name my husband and also want to have an alternate executor in the will.


Asked on 3/06/03, 7:58 pm

1 Answer from Attorneys

Raymond P. Bilodeau Raymond P. Bilodeau, Esq.

Re: Executors

You can change the executor(s) in the will without a lawyer. If the will is not too long or complicated, just scan it in to a word processor and make the changes. Print it out on acid-free paper if possible, then execute it the same way you did the first one (unless it required 3 witnesses and/or does not have a self-proving section, meaning it is an old will).

You can do a codicil, but it will require the same witnesses and self-proving language, and you have to follow the same procedure as for a will (you have to sign in front of the witnesses, who have to watch you and each other sign, and all of you attest before a notary; the witnesses must know it is your will or codicil).

If the will is old, you should discuss what other changes might be a good idea with a lawyer.

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Answered on 3/06/03, 10:05 pm


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