Legal Question in Wills and Trusts in New York

Re: executor

Q. If they disagree with having her as the executor they can go in front of a judge and say why they don't want her to be the executor, and the judge can change the executor.

A. Yes. The Surrogate's Court has that power.

Q. Isn't that going against the wishes of the deceased.

A. Yes, that is why it is very difficult to change a named executor in a will. You would either have to attack the will and demonstrate that the decedent did not have capacity, or that the will is fake, or, you have to attack the executor's ability to carry out the terms of the will (ie. The executor is mentally retarded).

Mike.

Re: executor

I agree with Mike and add some other information. Besides what he wrote, which is accurate, the other children can also attack the Will as being the product of "undue influence" perpetrated by your Wife (not that I am suggesting she did anything wrong). Any heir has the right to contest the appointment and/or the Will itself, on a number of grouds. This is why a Court hearing is required, if there is a contest, to determine the validity of the Will itself, the capacity of its maker when it was made, and if there is some bar to the person named (Executor) to carry out its terms. It probably will not happen in your case, but there are many times when this is necessary, and that is why people are afforded the opportunity to approve or disapprove the process. If you have no reason to think a contest will ensue, just follow the required procedures.