If2 people are listed as administrator on a Will, who makes the final decision?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If2 people are listed as administrator on a Will, who makes the final decision?
The daughter is listed as administrator and my mother-in-law wishes to add her son. We know she needs an codicil – how do we word it if the daughter has Alzheimer’s for the son to have control, but leave her on will as administrator.
Asked on August 31, 2011 Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The fact that you are making these changes means that you are cognizant of the need to plan when things involve such important matters such as the probate of an estate. But your question here makes me a bit concerned about what is going on and I think that you should seek to consult with an attorney in your area. First, so you know, a person named in a Last Will and Testament is known as the executor or executrix of an estate. Next, yes, you can indeed make a codicil to the Will naming an alternate executor or executrix,if that is what you want here, and it is often prudent. But what has me worried is IF the daughter has Alzheimer's now or if you are just anticipating the inevitable (neither which is a plus here). If she has Alzheimer's - or gets Alzheimer's - she would be disqualified as the fiduciary. She could not be appointed and she could not make decisions. You need to seek help from an attorney. A codicil is just as important a document as a Will. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.