Legal Question in Wills and Trusts in New York
If an individual is granted Letters of Administration upon an Estate that the original Executrix could not fulfill, can the new Administrator change the will according to how they see fit?
Asked on 10/15/10, 11:56 am
3 Answers from Attorneys
Rudolf Karvay
Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.
Once an individual dies, their will cannot be changed.
Answered on 10/20/10, 12:15 pm
Steven Kass
Law Office of Steven A. Kass, P.C.
No. The Last Will and Testament is the decedent's final statement how his/assets should pass to his/her beneficiaries, and the Executor is bound to follow the terms of the Will. There are issues that may impact upon the Will though (i.e., a spousal right of election, Will construction if the terms are not clear, building in Special Needs Language, etc).
Answered on 10/20/10, 1:20 pm
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