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Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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My mother in law passed away leaving my husband as Executor.

Customer Question

My mother in law passed away leaving my husband as Executor. However he passed away before she did. Her will states that each child receives a third. My brother in law is now Successor - Executor. I would like to know what is statement means and if the Successor - Executor can make changes to the Will.
"the Petitioner prays that said self-proving Will be forthwith admitted to probate and recorded pursuant to the waivers filed herewith; and that Letters of Testamentary issue o Petitioner without bond, as provided by said Will and law; and that such other further or different orders and decrees as may be proper be issued.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your post. Please permit me to assist you with your concerns.
To answer your question directly, an executor CANNOT make changes to the will. If anyone can amend or modify, it is he courts, such as in cases where the will was made in a different state and has language or clauses that violate local law. But otherwise the executor is there to execute the will instructions to the best of his ability and based on the language in the will itself.
As far as that language is concerned, it is essentially asking that the courts admit the will in full, not cross out or find any clauses to violate the law, and that the executor is able to obtain the forms necessary to prove that he is an executor and can perform his duties (letters testamentary) not be given to him based on a personal bond as some wills require. Likewise the will asks that whatever other forms or papers that may be needed are provided to the executor.
Dimitry, Esq.