Legal Question in Wills and Trusts in New York

Father made will before new wife and fifth child

My father made out his will before his third marriage which included a child.His will state to divide his entire estate between four children. His eldest daughter was named executor.His children range in age of 3-30 years. Can his daughter sign the responsibility of executor to his current wife if none of the people named in the will object to it?


Asked on 2/16/01, 10:31 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Father made will before new wife and fifth child

Only the Surrogate can appoint an Executor.

If the oldest daughter does not wish to serve as Executor, she can decline. The Will probably apoointed someone to serve in her place; if not the family can recommend a successor and ask the Surrogate to appoint that person as successor Executor. If the person is qualified, the Surrogate usually appoints the person recommended by the family.

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Answered on 4/02/01, 8:58 am


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