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Executors are bound to the terms of the will, which means that they are not permitted to change beneficiaries. The beneficiaries who were named by the decedent will remain beneficiaries so long as the portions of the will in which they appear are not invalidated through a successful will contest.
The Will will also name beneficiaries who are to receive assets. An executor can override the wishes of these beneficiaries due to their legal duty. However, the beneficiary of a Will is very different than an individual named in a beneficiary designation of an asset held by a financial company.
How to Choose an Executor Choose Someone Who is Qualified. California law places very few limits on who can act as an executor. ... Choose Someone That is Responsible. ... Choose Someone Who is Honest. ... Choose Someone That Others Will Not Challenge. ... Make Your Choice Known. ... Your Partner For Success.
No, you cannot change an executor of a will after death. However, the executors named in a will may change in that they can refuse to act or 'renounce' their role and probate can be applied for by any remaining executors.
If you have a trust and funded it with most of your assets during your lifetime, your successor Trustee will have comparatively more power than your Executor. ?Attorney-in-Fact,? ?Executor? and ?Trustee? are designations for distinct roles in the estate planning process, each with specific powers and limitations.