Legal Question in Wills and Trusts in New York

Re: Executor change

No! no! no!

All Wills and any changes to them must be signed as prescribed by statute; at the end and witnessed by two disinterested individuals.

The signing of a Will is so important that I insist on personally supervising the ceremony.

Re: Executor change

In order to change the executor nominated in your will, you have two choices: execute a new will or execute a codicil to the existing one. Given that both the will and the codicil would have to be probated (proven) atthe time of death, it is better to simply have a new will.

Please feel free to contact me if I can be of help.

Daniel Clement

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Law Offices of Daniel E. Clement

350 Fifth Avenue, Suite 3000

New York, New York 10118

Tel: (212) 279-6194 Fax: (212) 695-6007

E-mail: [email protected]

Re: Executor change

The answer is No, the method you propose is not how you would change an Executor in New York State. You would need to draw up a Codicil (legal term for addendum or change to a Will) naming a new Executor and have the Codicil witnessed according to law, or you would have to have a new Will prepared and properly executed revoking the old Will.

Re: Executor change

While you could do it simply by handwriting a Codicil referencing the original Will and specifying the change you wish to make (this would be a holographic (handwritten) document, it is always best to use the services of an attorney. This is not an expensive matter, but you want to be sure all requirements are met. Plus, perhaps there have been other changes in your life, your assets or other matters that are best discussed with an attorney - to be sure the document you prepare will be aceptable for probate, plus include any additional matters that should be addessed. You can call me if you want to discuss this (973)-377-3313

Walter