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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
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Experience:  Estate Law Expert
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What constitutes a legal will in New York state ? I have been

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What constitutes a legal will in New York state ? I have been told I am executor of a will of a deceased person and I have no idea what they are talking about. If I was an executor wouldnt I have to sign some legal papers agreeing to that ?

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

What hey probably meant is you were designated as the executor in a will.

Dwayne B. :

There is a difference between being the executor and being designated as the executor in a will.

Dwayne B. :

The first one just means someone put it in their will. To actually be the executor you would have to file with the court and ask to be appointed as the executor.

Dwayne B. :

The website is showing you are offline so I will save and exit to assist others. I will still be on the website so when you post a reply please wait in chat and I'll be back with you as soon as I finish up with the other customer.

Customer:

Basicly,a third party is saying "I failed miserably as an executor" but as I said before I do not know of the existance of any will. I know I did not sign any papers or know anything of a will. Can I be held legally responsible if this is the case?

Dwayne B. :

No. If you were never appointed as an executor by the court then you weren't an executor.

Dwayne B. :

Even if someone designates you as the executor in a will that doesn't actually do anything until a court actually probates the will and appoints you as the executor.

Dwayne B. :

So, in short, you're not the executor and have no duties until a court says you are the executor.

Customer:

Thank You very much,Dwayne,Iam done. Robert

Dwayne B. :

You're very welcome and best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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