What Happens If A Named Executor Is Unable Or Unwilling To Serve?
If the named executor is either unwilling or unable to serve when the Will goes to probate, the court will appoint a new executor. Beneficiaries of the Will can file a petition with the court suggesting a particular person as their choice for executor. • Should I prepare a short Will or a long one? A non-complicated (short) Will is used to give all assets equally to one or more heirs. A long Will provides much greater flexibility in how assets are divided, includes a disinheritance clause, and a Testamentary Trust provision (used to manage assets of minor beneficiaries so a guardianship does not have to be established). If you are a single person or one with uncomplicated asset dispursement issues, a short Will could possibly fulfill your needs. However, if you have many assets, are married, have children or have other more complicated asset dispursement issues, you may want to consider using the long Will instead. It may also be in your best interest to seek the advice of an estate pl
