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  1. #1
    SmartCookies is offline Junior Member
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    Can the executor of a will pass-on the title/duties to someone else in Maine?

    What is the name of your state (only U.S. law)? Maine
    In this case, the executor named in the will is the adult child of the deceased. He wants to hand over the duties to someone ouside the family. The deceased is also survived by two siblings and another adult child. Can he do this? How would he go about it?
    Last edited by SmartCookies; 06-14-2012 at 08:59 AM. Reason: add detail
  2. #2
    FlyingRon is offline Senior Member
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    Quote Originally Posted by SmartCookies View Post
    What is the name of your state (only U.S. law)? Maine
    In this case, the executor named in the will is the adult child of the deceased. He wants to hand over the duties to someone ouside the family. The deceased is also survived by two siblings and another adult child. Can he do this? How would he go about it?
    Did a court name his as exectuor? If so, he needs to go back to the court.
    If not, he's NOT the executor (even if the will does say so). He can just refuse the duties.
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by SmartCookies View Post
    What is the name of your state (only U.S. law)? Maine
    In this case, the executor named in the will is the adult child of the deceased. He wants to hand over the duties to someone ouside the family. The deceased is also survived by two siblings and another adult child. Can he do this? How would he go about it?
    Well, the other adult child could certainly object in court to the executors duties being turned over to someone else if the other adult child is willing to serve as executor.

    However, if the original executor wishes to do this due to family conflicts over the execution of the will, then it may be the wisest decision to have an outsider handle the duties.
  4. #4
    SmartCookies is offline Junior Member
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    Quote Originally Posted by FlyingRon View Post
    Did a court name his as exectuor? If so, he needs to go back to the court.
    If not, he's NOT the executor (even if the will does say so). He can just refuse the duties.
    If he simply refuses the duties, he is concerned it will go to the other sibling who can not be trusted (criminal record, addiction issues, the whole nine yards). As the person who is named in the will, does he have any say as to whom the duties are given?
  5. #5
    SmartCookies is offline Junior Member
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    Quote Originally Posted by FlyingRon View Post
    Did a court name his as exectuor? If so, he needs to go back to the court.
    If not, he's NOT the executor (even if the will does say so). He can just refuse the duties.
    And, no... he has not been named by the court.
  6. #6
    SmartCookies is offline Junior Member
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    Quote Originally Posted by LdiJ View Post
    Well, the other adult child could certainly object in court to the executors duties being turned over to someone else if the other adult child is willing to serve as executor.

    However, if the original executor wishes to do this due to family conflicts over the execution of the will, then it may be the wisest decision to have an outsider handle the duties.
    There is no question this is the wisest decision. The other adult child may or may not be willing, but is not capable and can not be trusted (see above). The question is... does the person named in the will have the authority to choose the person to whom he wants to take over as executor? And what would be his first step?
  7. #7
    tranquility is offline Senior Member
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    No, an executor does not have the power to hand over his responsibilities to another of his choosing. His only avenue is to not accept appointment and to object (if he has a specific valid reason) to another family member being appointed. Using an outside executor is going to cost the estate more money.
  8. #8
    justalayman is offline Senior Member
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    Quote Originally Posted by SmartCookies View Post
    And, no... he has not been named by the court.

    then he is not the executor

    Any appointment of an exec must be approved by the court so regardless who is nominated, until the court acts to appoint the nominee, the other family member would have the opportunity and right to object to the appointment.

    If he is accepted as exec, he can withdraw from the duty and he can nominate another to replace him but that person would have to be appointed by the court just as he was. The appointment of the nominee could be objected to just as the original appointment could have been objected to.
  9. #9
    SmartCookies is offline Junior Member
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    Quote Originally Posted by tranquility View Post
    No, an executor does not have the power to hand over his responsibilities to another of his choosing. His only avenue is to not accept appointment and to object (if he has a specific valid reason) to another family member being appointed. Using an outside executor is going to cost the estate more money.
    Would the sibling's criminal history (theft) and drug addiction (prescription/methadone) be considered "valid" reasons? If he takes the course you suggest, how would the court go about appointing someone?
  10. #10
    tranquility is offline Senior Member
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    Character evidence is usually not admissible, but, try it. All it costs is the price of your attorney. If the court finds no one reasonable to take the appointment from family, they will usually appoint a professional. May God have mercy on the souls of any beneficiaries who want a fast distribution or a say in what happens to any property if that happens.
  11. #11
    SmartCookies is offline Junior Member
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    Quote Originally Posted by justalayman View Post
    then he is not the executor

    Any appointment of an exec must be approved by the court so regardless who is nominated, until the court acts to appoint the nominee, the other family member would have the opportunity and right to object to the appointment.

    If he is accepted as exec, he can withdraw from the duty and he can nominate another to replace him but that person would have to be appointed by the court just as he was. The appointment of the nominee could be objected to just as the original appointment could have been objected to.
    I understand that the court appoints the executor.

    So you're saying he should get appointed first... rather than just refusing the duties from the get-to? The other sibling is almost sure to object to the outsider... but with her history, I'm wondering how much weight the court will give her arguements. ??
  12. #12
    curb1 is offline Senior Member
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    What are the conflicts in the will that are causing concern? It will be costly to have an outside executor appointed (could easily be $200/hr and fluffed up hours). Is it worth it?

    The executor will need to follow the dictates of the will, s/he cannot just do as s/he pleases.

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