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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 1172
Experience:  Experience in estate planning including wills, trusts and succession planning.
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How can I resign as Executrix of my father in laws will in

Resolved Question:

How can I resign as Executrix of my father in laws will in ma
Submitted: 11 months ago.
Category: Estate Law
Expert:  J. Warren replied 11 months ago.
Hello! My name is XXXXX XXXXX I look forward to helping and providing you information today.

A person is not required to serve as executor of an estate is they do not wish to do so. To renounce an appointment as executor/personal representative the appointed person must file the appropriate forms with the probate court at the time the estate is submitted to probate. The forms is available through the courts: www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/upc/mpc941-instructions-for-assent-waiver.pdf and www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/upc/mpc455-assent-waiver-renunciation-print.pdf

While a signed and witnessed letter stating you do not wish to be the executor does not terminate the appointment while the testator is alive, it could be used to support the renouncement with the probate court. Typically is the testator is aware that someone is unwilling to serve as executor they will revised their last will and testament.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.



Customer: replied 11 months ago.


Thank you. How about getting removed from the will also

Expert:  J. Warren replied 11 months ago.
Unfortunately one can't force the testator to be remove them from a their Will. At the time of death any appointment may be renounced or any bequest of property etc...can be disclaimed. In other words you have to wait until after death to walk away from the direction of the Will unless you can convince the maker to change it during his or her lifetime but you can't force them too.

I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.

J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 1172
Experience: Experience in estate planning including wills, trusts and succession planning.
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