Legal Question in Wills and Trusts in New York
will
If the executor of a will dies and the back-up executor also dies and one of the named beneficiaries dies, too, is the will still valid?
Asked on 2/13/08, 4:10 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: will
Yes, the will is still valid. Normally a family member or a beneficiary would petition the Court to act as the executor. In the petition proof is given that the named executor and the alternate died. In the worst case scenario, the Surrogate appoints a Public Administrator to administrate the estate.
Mike.
Answered on 2/13/08, 4:36 pm