i was named in a will as executor of an estate and dont want to be what do i do with the will
Estate Planning Attorney
Just because you were named as executor does not mean you have to accept the position. You can decline to act as executor. Does the will name an alternate executor? If so, contact that person and see if they are willing to act as executor. If not, a family member can step-up and ask the court to appoint them as executor. You will need to sign a declaration that you are declining to act as executor for either the successor or a family member to be appointed.
Estate Planning Attorney
You were only nominated by the maker of the will; you are not required to be the executor. The alternate/backup can serve in your stead.
Mr.Scalise offers a FREE consultation; he may be reached at 805-244-6850 or by email (email@example.com). My responses to questions posted here intended as helpful legal information not legal advice. The information I post does not create an attorney-client relationship. Mr. Scalise is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him/her.
If the person has died and you have original Will, have it lodged with the Court in the county where the decedent resided. You can then notify the heir, beneficiaries, that you are declining to serve.
The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.
Family Law Attorney
This depends on if the Will is being probated or not. You don't have to be forced to act as the executor. Also, get the person who named you as executor to amend the Will. If probated, then file an objection to the Probate proceedings and state your desire to not be appointed.