Q:

Can an executor change a will?

A:

Quick Answer

An executor cannot make changes to a will. The executor is bound by law to carry out the provisions of the will and has no authority to make any sort of alteration to the will's terms.

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Full Answer

According to Caring.com, the duty of the executor is a simple one: to carry out the wishes of the deceased. The executor is tasked with handling the decedent's assets and taking care of the decedent's debts and then transferring assets to the heirs as named in the will. Executors are expected to act with honesty and good faith on behalf of the deceased, not to make any choices about asset distribution.

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Related Questions

  • Q:

    What is a letter of testamentary?

    A:

    A letter of testamentary is a legal document, sometimes written before someone's death or issued by a probate court, that gives an executor permission to distribute a deceased person's assets as proscribed in a will. A letter of testamentary, in general, allows the executor to conduct real estate sales, banking transactions and asset distribution per the permission of the court.

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  • Q:

    What are the steps to setting up a basic will?

    A:

    To set up a basic will, indicate to whom property should be left, who should care for minor children, who should manage property left to minor children, and who should serve as executor, notes Nolo. Basic wills are usually sufficient for people under age 50 with minimal assets.

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    What is an executor's deed?

    A:

    An executor's deed is the deed used by an executor to transfer property to an heir out of the estate of a dead person who had written a will. The presence of the executor helps to prevent problems when future heirs inherit the property.

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  • Q:

    What percentage should an executor of an estate get?

    A:

    State laws vary when it comes to the percentage of an estate to which an executor is entitled, but the standard within the industry is 3 percent. Given the number of duties that an executor must perform, he more than earns this fee in most cases, according to Bankrate.

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