Legal Question in Wills and Trusts in New York
My aunt is terminally ill and basically comatose.
Her will makes a few minor distributions, and names me as the primary beneficiary. She has also assigned to me Durable General Power of Attorney.
In her will she appointed me and a lawyer as co-executors. The lawyer is not a beneficiary. Prior to her failing health, she decided to make me sole executor, but never completed the task.
Under the Durable General Power of Attorney, may I remove the lawyer as co-executor?
2 Answers from Attorneys
Probably not. However, when an attorney draftsman is also an executor, specific language must be placed in the will. Therefore, I would need to read the will (at least the article dealing with executors) in order to give you better advice.
Mike.
No. However, you could transfer some of her assets into joint accounts with the beneficiaries. These assets would pass to the beneficiaries and would not be part of the estate on which the commissions of the Executor are based.
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