Does the executor of a will have to carry out the will?

Asked about 5 years ago - Tupelo, MS

My grandfather recently passed away and he named his wife as exector of his will. She has chosen not the carry out his will. Can she do this?

Attorney answers (2)

  1. Lucreita D. Becude

    Contributor Level 14

    Answered . Yes, she can refuse to be the executor. If your grandfather did not select an alternate in the event his wife refused to be the executor, then the court can appoint someone in her place. You will need to check with an attorney in your area to see what the law requires.

  2. Steven J. Fromm

    Contributor Level 20

    Answered . Lucreita D. Becude is correct, but I am wondering whether you are asking whether your wife can ignore the terms of the will. The answer is that the terms of the will must be followed.

    Hope this helps.

    Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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