Phoenix, AZ asked in Estate Planning for Oregon

Q: Would I be notified if a new executor of stepdad's trust and will was appointed after I was appointed?

stepdad appointed me executor of his trust and will several years ago. He remarried since then and was going to appoint the new wife but our attorney couldn't do it as it was a conflict of interest. Now I'm wondering if stepdad went to a new attorney would I be notified that I am no longer executor?

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Oregon

A: No, you would not necessarily be notified.

Tim Akpinar agrees with this answer

Joanne Reisman
Joanne Reisman
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Not necessarily. All that was done was there was a document drafted which nominated you. You aren't technically appointed yet. You were just nominated to take on a future role if a contingency (the death of your step father) occurred. Going forward in time your step father is free to write new documents which effectively revoke the old documents. He has no duty to notify you. Remember, you don't have any official role until your stepfather actually dies. The writing is just a proposed role and your step father can make a new proposal at any time. If you are curious about what happened, just ask your step father. If he trusted you enough to appoint you the first time he shouldn't have any problem telling you he has now changed his mine.

Tim Akpinar agrees with this answer

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