Who is in control of a will?

Executor: The person named in a will, and appointed by the probate court after the will-maker’s death, to wind up the affairs of a deceased person. In some states, executors are called “personal representatives.” (More about executors.)

What assets are controlled by will?

This may include real property, personal property, stocks, bonds—anything that you own that is in your name will be controlled by that will, absent other estate planning that you’ve done. A “last will and testament”—commonly shortened to just “will”—is a legal document that expresses your last wishes.

What can override a will?

Yes, California law allows the executor of an estate to be changed in certain situations. According to California Probate Code §8502, executors can be removed if: They waste, embezzle, mismanage, or commit fraud against the estate, or evidence shows that they are about to do so.

What is purpose of a will?

Generally speaking, a will is a legal document that coordinates the distribution of your assets after death and can appoint guardians for minor children.

Can the executor of a will be a beneficiary?

It is a common misconception that an executor can not be a beneficiary of a will. An executor can be a beneficiary but it is important to ensure that he/she does not witness your will otherwise he/she will not be entitled to receive his/her legacy under the terms of the will.

Can an executor of a will remove a beneficiary?

Can an Executor Remove a Beneficiary? As noted in the previous section, an executor cannot change the will. This means that the beneficiaries who are in the will are there to stay; they cannot be removed, no matter how difficult or belligerent they may be with the executor.

What happens to assets not mentioned in a will?

If the property was not listed, then the testator died intestate as to that property. Since the will did not have a residuary clause and the “addendum” was not properly executed with two witnesses, it could not be considered and the testator died intestate as to that property not listed.

What power does an executor of a will have?

An executor has the authority from the probate court to manage the affairs of the estate. Executors can use the money in the estate in whatever way they determine best for the estate and for fulfilling the decedent’s wishes.

Who reads the will?

Usually, a testator allows an attorney to read the will. In fact, it’s usually the attorney who drafts the will for the testator. It’s not unusual for someone to share a will with the person named as executor because the chosen executor must be willing to serve as the executor.