what is the responsibility of the second named person on the will if estate settlement is not agreed upon with the executor of will
State/Country relating to question: Arkansas
What is the second person named as? A legatee (or alternate legatee), or an executor (or alternate executor)?
Ihave not seen the will yet, but i can find out in a moment i was told that i was second named on the will in the event that the executor didn't follow thru
the will calls for my elder sister to be executrix of affairs and in any event that she is not able to, then i am second, so what is my role or responsibility if she and i dont agree on something
The alternate executor only steps in if the primary is unable (sick or dead, for example). In any other case, such as disagreement, the alternate's role is simply to bring to the attention of the court any misconduct that he/she becomes aware of.If the executor is engaging in willful misconduct, then the court can be petitioned to address it. In some cases, the court will just correct the problem (such as fixing an accounting error). But, in extreme cases (improper distribution of assets, waste), the executor can be removed and replaced by the alternate (if there is one) or by someone else appointed by the court. Please note, however, that some wills have no-contest clauses. You have to be careful before taking any action, but I am sure the attorney that you hire to prepare your paperwork will be able to discuss the particulars of your case and advise you accordingly.
codiceal to a will
Yes, codicil is an amendment to a will. That language, which is standard for wills, basically says that the will you have in your hands is the most recent and accurate copy and that it is to be followed - not any other will created before it.
oh so that mean the original will was altered right, and another will codicil was created to supercede it? is that correct? if so that will pretty much explain some things for me, also is there away i could get the original will just to see it before it was amended?
Right, the original will should be available along with the codicil. It may be on file with the county clerk, but it should be available to the executor. Ordinarily, the codicil will be attached to and refer to the original will by date.Amber E.41093.1619106829
Well thank you for your assistance, it doesn't seem like much i can do, as i was advised my mom was coerced by my elder sis to change the will years ago. thank you for your help, one more question or two and i'm done...can i contact the probate court to find out? how will i know if the will has a no contest rule?
Yes, you can contact the probate court. If they have a copy on file, it should be available at modest cost as a public record. If there is a no contest rule, you will know it when you see it - it will say something to the effect that if anyone challenges the will then they forfeit their inheritance. You mentioned that she may have been coerced. If you can prove there was coercion, such as by eye witness testimony, that may be grounds to contest the change. Another grounds may be lack of capacity, if your mom was suffering from old age, Alzheimer's or something along those lines.
Thank you, XXXXX XXXXX had alzheimer's disease. Thank you for your help, I will proceed in my findings and see what happens, I'm hopeful that I don't have to take any measure against my elder sis with the property and it will work out accordingly, thanks again!
Experienced practitioner in probate and succession law.
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