Legal Question in Wills and Trusts in New Jersey

Re: executor of will

Sorry, Ed; the only one who has the right to name the substitute at this point is your mother (if she is still competent.) If both your sister and you decline to handle the estate, after your mother passes away, then one of the other siblings can apply. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: executor of will

No. If you renounced your right to serve as executor, you could not name a successor. Depending on what the Will says, there is a chance that were you to qualify you might be able to nominate a successor. But this would only be the case if the Will specifically granted the executor the power to name a successor. Also, it's possible that the Will designates alternate executors in the event you did not serve, in which case, the alternate would be entitled to qualify, not someone you designated.

Re: executor of will

No, onlt the Testator can change her will, you do not have this authority. You may refuse to accept the appointment of executor.

Re: executor of will

You cannot name your successor as this can only be done by your mother in her Will. If you decide to decline, you can renounce your appointment and the other named co-executor will serve alone. If there is a replacement named, they will replace you. Sorry your mother is ill, but if you are concerned, try to have her do a Codicil to her Will changing the people to serve to include whom you feel will be best to replace you.