Can the sole executor cut you out of the family will?
Can the sole executor cut you out of the family will?
If you are the sole executor of a will, then you have a unique set of powers and duties. As the executor of the will, you will have the burden of proof and must settle your debts before paying your beneficiaries. In some cases, you may not be able to object to the sole executor's decision.
If you are the sole executor of a family will, you may be wondering if there is anything you can do to prevent your spouse from being cut out. You can apply to the Court to have your name removed as executor. This will allow you to appoint other individuals to carry out the practical and administrative duties of the estate. Another option is to postpone your right to administer the estate until another individual has been named.
If your spouse is the sole executor, there are some specific rules you need to follow. Your spouse may be able to insist on a specific gift over your legal right to share. In some cases, this can lead to litigation. Depending on your own circumstances, you may want to hire a probate attorney. They will be able to answer any probate questions you may have.
If you have any questions or need a Will and Estate Attorney, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
