Full question:
I want to change the executors on our wills and trusts for my wife and myself. How do we change the executors?
- Category: Wills and Estates
- Subcategory: Executors and Administrators
- Date:
- State: California
Answer:
To change the executor of a will, it is recommended to draft a new will, although it is possible to make changes to a will by a codicil, which must be witnesses and notarized under the same requirements as a will. A Last Will and Testament Form with All Property to Trust (Pour Over Will) assumes that a living trust has already been established. This will is one made in conjunction with a trust in which all property is designated to be distributed or managed upon the death of the person whose possessions are in trust, leaving all property to the trust. A pour over will is a safety measure designed to protect any assets which somehow were not included in the trust and make them assets of the trust upon the party's death. A pour over will often provides that if the trust is invalid in whole or in part, the distribution under the will must be made under the same terms as stated in the invalid trust.
Where it is important to change the succession of trustees, one should first look to the trust document, which may contain a provision permitting a current trustee or the beneficiaries or some other person to revise the trustee succession as stated in the document. If that flexibility is not present in the document, then the problem may be solvable through a trust amendment or If many changes are being made to a trust, it's usually recommended to draft what's called a restatement of the trust. This is a new document that replaces the old trust instrument entirely. It is possible to change the trustee by way of a restatement.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
