Legal Question in Wills and Trusts in New York

Changing a will, by executor in New York

My single dad died owning a house.

He has four sons. He left a will name 2

of us executors. He went on to divide

the house in to wacky, uneven

portions in his will. Can the 2

executors,with the agreement of all 4

heirs, change it to an even 25% split

for all?


Asked on 6/16/09, 9:49 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Changing a will, by executor in New York

Once the four children acquire ownership of the parcel there is nothing that prevents them from executing a deed dividing the property in a manner they feel is appropriate. In fact, the four children could instruct the Executor in writing to prepare the Executor's Deed to show the desired ownership.

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Answered on 6/16/09, 11:03 am
Walter LeVine Walter D. LeVine, Esq.

Re: Changing a will, by executor in New York

I agree with Norman that the heirs can direct the Executors what to do and suggest that the Executors get this in writing and notarized. This will avoid some future argument that the Will was not followed.

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Answered on 6/16/09, 1:44 pm


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