Legal Question in Wills and Trusts in Pennsylvania
Change Execuator
Greetings- I am the executator of my father's will. My mother's will names my
brother and myself as co-executors. She wants me to be executor and not my
brother. What needs to be done to change the executor of her will? Also, both
my parents want a trust fund set up for my brother after they're both deceased.
How would this wish be added to both their wills? Thank you
2 Answers from Attorneys
Re: Change Execuator
The easiest way to proceed is simply to do a new will based on the old one. One name would be removed as executor, and your brother's share of the inheritance would go to his trust, not directly to him. Simple will forms are available for purchase over the internet.
Setting up a trust, which is something your parents would do while they are still living, is a bit more tricky, and I recommend consulting with an attorney for that.
Re: Change Execuator
To do either of the changes you mentioned your parents are going to have to execute some new documents.
The changes can be accomplished by executing a new will or by executing a codicil.
With regards to the creation of a trust, the type of trust they choose is going to depend on the size of the estate and the amount they wish to leave to your brother. Certain trust have prefered status in terms of taxation.
I suggest that your parents consult an attorney (either myself or another attorney) familiar with these issue.
Feel free to contact me via email, [email protected], or by clicking on my "Attorney Profile Link" for my other contact information.