Law & Legal & Attorney Wills & trusts

Can I Be the Executor to My Parents' Wills If I Am on Disability?

    Who Can Serve

    • In general, anyone over the age of 18 can serve as an executor so long as they do not have a felony conviction. Some states require executors to be living in the same state as the testator of a will or to post bond insuring the estate. But these variances aside, state laws do not bar persons with disabilities from serving as the executors of estates.

    Disability Should Be a Factor

    • If you think your disability would make it hard for you to settle your parents' estate, you have a moral obligation to tell them so. If, however, you know that you can handle the job, encourage them to appoint an alternate executor in case the nature and effects of your disability change over time.

    Duties

    • Once appointed, an executor has several responsibilities to fulfill after the testator dies. An executors is responsible for distributing the decedent's assets as provided for in the will and may not substitute his judgment for the decedent's when it comes to the distribution. The executor is also responsible for paying any outstanding debts that the decedent owed prior to his death; typically, all creditors are paid before any of the assets are distributed to beneficiaries.

    Inability to Serve

    • If you have been appointed to serve as an executor of your parents' wills, and upon their deaths your disability has made it difficult or impossible to perform the executor's duties, you have several options at your disposal. If your parents named an alternate executor, you may step down from the position. If your parents have not named an alternate executor, you may petition the court to appoint an executor to take over your responsibilities. Finally, you can hire an attorney who can assist you in fulfilling the executor role if your disability doesn't make it impossible to do so, but you need assistance in settling the estate.



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