if someones has a will and then changes it because the person she named in first will as executer (testor, administrator)became untrustworthy does she have to send or notify this person of the new will. Or after she passes does the new person have to notify them.
No. Testator not required to notify previous executor of changes to will.
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You are not required to notify the previously-named executor that you are changing your will. However, whether that is a good idea depends on the facts and circumstances of your situation and the relation of your previously-named executor to you. If the person whom you previously named as executor is a child or some other close relation, then it would be a courtesy to let them know that you have changed your will. I have handled estates where a son found out only after dad had died that dad had changed will and named another child as executor, and it came as a major blow and a big disappointment to the son -- and needless to say, there was on-going friction between this son and the child who ended up serving as executor. So just a word of warning . . ..
Ms. Willi is a tax attorney, CPA, and Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Westerville, Ohio. She serves client families and private business owners throughout Ohio. Ms. Willi responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but her responses are not legal advice and do not create an attorney-client relationship. Her posts are provided for informational purposes only and are not a substitute for advice provided by an attorney or licensed tax professional. Her phone number is 614-890-0500 and her website is www.willilaw.com.
A testator has no obligation to share the will or any information contained in the will. Sometimes it is beneficial to share information in the will with family members to prevent hurt feelings or questions of intent after testator has passed, but this is not required and it depends on family dynamics.
The answer is no in both cases. Certainly it would be a good idea for the testator, while still living, to inform the first executor-designate of revocation of his/her appointment, so that such person does not mistakenly petition the probate court to become estate fiduciary when the testator passes. However, there is no legal duty to do so. Alternatively, the testator could indicate in his/her will that the new executor-designate inform the previous one of the revocation when probate is opened. Again, these are best practices, not legal requirements. Thank you for your question.
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