Do I need a lawyer to remove the backup executor from my will?

I have named my one and only family member as the executor of my will. (My late husband’s son.) I had named a second person-- a pretty close neighbor, younger than I am-- as the backup/alternate executor in case my stepson (who’s almost 65) isn’t available after I croak off. The second person won’t be available anymore. I didn’t choose any close friends because they’re mostly my age, so we may all croak (or lose our mental faculties) at around the same time. The lawyer who drew up the will is retired. Do I need to find another one for this simple change? I guess I can’t go in and just cross this person’s name off the will with a handwritten note? :slightly_smiling_face: My situation is not complex.

It may well be acceptable after scrutiny and provided it won’t be challenged, but doing it through legal channels would be best overall to head off any complications. Using a notary public would be less expensive than a lawyer.
Tell your ‘one & only family member’ to pay for the change, or they’re cut out of your will !! :wink:

I didn’t realize a notary could handle this. I’ll look into that.

If there are complications after I’m dead… so what? It’s not like there are children to fight over my stuff. In fact it does make me a little sad that all of my meaningful and sentimental treasures will likely go into a dumpster.

How large/complex is your estate and likely do you think it that your will will be contested? Moreover, this guy can’t be forced to be the executor. He can simply decline.

I’m no expert, but I would think a clearly worded and witnessed document - a codicil - expressing your preferences would be sufficient. I’m sure you can find forms on line. The main issue is to express your desires clearly. If you unambiguously refer to the existing will and state that you wish to change this one provision, it should withstand scrutiny. The primary purpose of a will is to express the intentions of the person. Attach the codicil to the original will, make many copies, and distribute them to anyone who might be interested/involved.

IMO, that is the correct attitude. My parents died without a will, and the 4 of us kids had no difficulty dividing up their personalty. Who do you think would be fighting over what? We did hire a lawyer to assist with some tax issues.

My father thought he’d be clever (actually, he was) and made a hand-written will. When it came time, my nephew the executor said they had to track down the attendant at the nursing home who was one of the wtnesses to verify the will to satisfy the appropriate authorities (probate judge?). This was despite everyone - me, my brother, my nephew - agreeing it was valid. There’s a lot to be said for having a legal professional verify everything ahead of time.

The process varies everywhere, but I assume if the will is deemed invalid the state acts as executor, and in some places the Public Trustee(?) then takes a percentage to handle the process. If it matters or involves a decent amount, best do it right.

Not at all on both points. There is no one to contest anything.

He will not be available because we have severed our relationship and I have banished him from my life. Plus, I’m moving to a different area so the proximity is not a factor anymore.

Then don’t overthink it, and definitely don’t incur any expense. Make your intentions clear, get them witnessed and notarized, and give copies to whomever you are leaving stuff to.

The answer to the OP’s question depends greatly on which state they’re in. I have no clue about Texas.

I don’t know where @Keith1 is from, but in almost all US jurisdictions a notary is useless for this. In some other English-speaking countries the term “notary” describes something a lot closer to what the USA calls a “paralegal”. There are lots of opportunities for international confusion about what is or isn’t a “notary”. Or about the kind of work they do.


In general the OP is correct that even if the will is screwed up somehow it’s no skin off their nose since they’re dead when it matters.

But a messed up paperwork situation can bequeath a real tar baby of expense and hassle on your descendants or friends. My Dad died with a second wife and no will. He was generally a good guy and a good Dad, but this was by far the single meanest thing he ever did to his kids. The fact it was a result of lazy avoidance didn’t help.

Don’t be like my Dad.

The real issue is not “Do I need a lawyer?” A lawyer is never strictly required.

The real issue is “How do I do this correctly in my jurisdiction to preclude problems?” which is preceded by “How do I find out how to do this correctly in my jurisdiction?” Often hiring a lawyer is the safest way to answer both questions. But won’t be the cheapest. Some careful googling for Texas-specific answers to amending a will or replacing a will might be the cheap way that’s still safe enough. Only the OP can make the safe/cheap tradeoff for herself.

Assuming the will was written in TX for TX law and was done by somebody competent, a reasonable and very cheap approach might be to write up a fresh one copying all the language, except the part naming a backup executor, and dated now, not years ago. Then get that witnessed and notarized or whatever just like the last one was. Lastly, destroy all the physical copies of the old one.

A smart person also ensures their executor knows they’ve been selected for that sad and often difficult duty. And is willing to serve when called upon.

IANAL, but this was the first thing I thought of. My wife and I used Nolo Willmaker software, no lawyer, and revising our wills (e.g., to add new grandchildren) has basically been the same process as @LSLGuy’s quoted paragraph.

My mother recently passed. We were in the process of getting her will updated when Covid hit and it fell by the wayside. Now we are working with an old will when my father was alive and it still had the provision that my sister would look after me until I was an adult. I’m 56 now.

We had an old unstamped version of the old will. We have to go through the county surrogate to get it approved and assign my sister as the executrix. Just took time and effort.

Sounds like you just need a codicil to your current will. You don’t need a lawyer for such a small change. What you do need to do is find out where such things need to be filed ahead of time. If it’s just in your drawer a probate court will have to verify everything and it will be a pain for whoever is doing it. Usually the will is filed with the county you reside in. If you are alive to verify everything in the will then probate is easy when the time comes.

ETA: Everybody get a will! I don’t care if you think you don’t have enough to leave anyone. You will be leaving your family a mess. Even getting rid of that 74 Ford Pinto of yours is a pain in the ass if you don’t have a will. If you don’t have many assets your will is simple but still important. I just got married. We are having our will done in a couple of weeks.

Moderating

Moved from FQ to IMHO since this involves a real-world legal issue.

If I am reading the OP correctly, the only change she is considering is removal of the backup/alternate executor, not the disposition of property according to the will. That seems a lot less serious and less complicated than some of these posts are making it out to be. What happens to her belongings as spelled-out in the will is not relevant - the only thing at question here is if the back-up executor somehow found-out about ThelmaLou’s demise, and somehow wanted to make waves. The risk seems very, very small. Does the back-up/alternate executor know they are on your will as such?

ISTM just crossing that back-up’s name off the will would suffice, and maybe with a note, and maybe notorized for good measure, but I would think it would not require more than that.

Hmmm. Our lawyer (well the one we used to draw up our wills) told us that you don’t want to be scratching out ANYTHING on a will.

About ten years ago we wanted to change the people to have guardianship over our child, and they made the changes and had us come in and sign the new versions. $40 per person (my wife and I)

But this reminds me, we need to update our wills again.

Wow, I hope when my kids divide up my personality, nobody is stuck with the grumpy parts.

A codicil is sufficient for this kind of change. It needs to be signed/witnessed the same as your will, which may mean 2 witnesses and a notary. Just like the will, the witnesses cannot be beneficiaries to the estate.

@Dinsdale being a lawyer and all, he used the technical term “personalty”. Which is not the same thing as “personality”.

Nor is it the same the same as “person”. If my (hypothetical) kids were divvying up my person, I pity the one who gets the upper right quadrant; the lower quadrant dark meat is much tastier, and at least the upper left one has the heart; lotta good tasty meat there. The upper right quadrant is the bad one. Kinda the hind tit of human quadrants.


Filing of wills with the county recorder shortly after their creation is definitely something that varies from state to state. In my small experience it seems to be a more common procedure or practice in the US northeast and is all but unheard of in the US southwest.

I just finished being an executor for two estates, and was trying to make a funny. < sad face >

It’s definitely a good idea and should be more universal. It makes probate very quick and easy.

Then why does it matter? Unless you are going to add a new backup executor, it seems to me the simplest solution, which cannot possibly go wrong provided your will was properly executed the first time, is to just do nothing. Leave it as is.

I guess that really IS my basic question. The backup person knows he was the backup person, but since we are parting ways, he is not likely to know when I shuffle off my mortal coil.

BUT when I die, if my stepson has predeceased me, then what happens? I suppose I could ask his wife to be the new executor at such time as he dies, but she’s a second wife (first one died about 10 years ago) and I don’t know her well. This seems a lot to ask of a relative (as it were) stranger.

There truly won’t be much of value to dispose of.