Legal Question in Wills and Trusts in New York
administer of estate and executor of will
What happens if the person deceased has a will with an appointed executor of the will but the name stated to be the executor is different from the administer of estate? If the administer of the estate has already been appointed to the full authority of the estate of the descent, does the executor of the will have a right to override the decisions made by the administer of estate? In order words, who will be the one to obtain full authority of the estate of the descent?
1 Answer from Attorneys
Re: administer of estate and executor of will
Your question is a bit confusing.
You have an Administrator of an Estate when there is NO will. You have an Executor when there IS a will.
The Executor named in the will should be granted authority by the surrogate court and should be handling the estate and nobody else.
If you say there is a will BUT an Adminstrator has been given power by the court then the only explanation is that the papers were filed incorrectly and must state that there is no will.
The Executor needs to file an objection and submit the will to the court.
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