Can an Executor Rule a Will Invalid? by ParmanLawOK

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The executor – now often referred to as a personal representative in many states - of an estate is the person chosen via a Last Will and Testament

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									Can an Executor Rule a Will Invalid?

The executor – now often referred to as a personal representative in many states - of an estate
is the person chosen via a Last Will and Testament or if there is no Last Will by a judge to settle
the affairs of a decedent. If the Will is valid, the executor will use it as a guideline when making
distributions to beneficiaries. So, who makes the call on whether or not the Will is valid?

Executor Duties

After a loved one passes away, an executor will begin to review the Will. During this review he
or she should take note of any discrepancies that may exist. If there are issues with a Will, it may
be deemed invalid during the process of probate.

Invalid Wills

There are many reasons that a Will may be considered invalid. How this estate document is
signed, dated and witnessed is vital to the validation process. In most states it is required for a
Testator, or Will signer, to sign and date the document in front of two uninterested witnesses.

If the Testator cannot sign due to physical disability, someone may sign on his or her behalf. This
stand-in signer cannot be a witness to the document. The document must be dated in order to
ensure it is the latest version of the decedent’s estate plan.

Witnesses must be eighteen and mentally competent. They also should not be beneficiaries of
the estate or even heirs at law. When an interested party, or heir, acts as a witness to a Will,
the credibility of that document may be questioned. Other beneficiaries may offer up a
challenge to the Will upon the basis that the interested party tricked the Testator into signing or
heavily influenced the terms in the document.

If there is any question that the Testator was not mentally competent when he or she signed,
the Will may also be invalidated.

Probate Judge

During probate the Will must be examined to determine it is valid. Although an executor may
believe a Will is invalid, only a probate judge can make such a ruling. If the Will is invalid, the
estate will be settled according to that state’s inheritance laws.

Experienced estate planning attorneys Oklahoma City OK of the Parman and Easterday offers
estate planning and business planning resources to residents of Oklahoma City OK. To learn
more about these free resources, please visit www.parmanlaw.com/. today

								
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