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Can i contest my fathers will he left us all an equal share but my brother made me sign a form saying he is the executor which was my fathers wish can he keep all the money and give me nothing.?
Wiki User
∙ 11y ago
First, the Probate of an estate is ruled by the laws of the state where the deceased legally lived at the time of death.
The execution [signing] of a form agreeing to allow your brother to act as Executor of the Estate does NOT ALLOW the Executor to keep anything he was not provided for IN the will.
The division of a deceased's assets MUST be done as was stated by the deceased IN THE WILL. However, the Executor is, by law, required to pay all obligations of the Estate, and therefore is allowed to sell assets of the Estate in order to pay those debts, but he is not allowed to take what he may want for himself.
Generally, when a person dies, the family retains an attorney to assist in the Probate process, and the FIRST THING YOU SHOULD DO is to contact him/her to make your concerns known.
IF your brother were to violate the legal duties of his office as Executor, you would not "contest" your father's will, but instead as a last resort, file suit against him personally for breaking the Probate law in failing to do his statutory duties. By virtue of violation of statutory law, he may be subject to prosecution by the local District Attorney.
Consult an attorney in your jurisdiction for the specific laws that will apply.
Wiki User
∙ 11y ago
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My brother is executor and I don't think he is being fair what can i do?
he is executing the will according to its contents, this has nothing to do with being fair, he is only doing what the will tells him to do. I you have a problem with the will then you must contest it through an attorney, who will advise you what to do.
How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?
The executor can file a resignation with the court and you would petition for appointment as the successor.
Same mother but different fathers and my father's brother is what to my half brother?
Nothing really. There is no blood relationship between the two.
Do heirs have to pay back a loan taken out by the executor?
No. If an Executor takes out a loan it has nothing to do with the estate he is executing.
Can you benefit from the will if you are the executor?
Yes, nothing prohibits the executor from receiving part of the estate. In fact, it is more common than not for the executor to receive something, as for example, where a husband leaves his estate to his spouse and makes her his executor.
What if the executor of a will was put in jail for a felony conviction does the secondary executor listed in the will automatically become the executor?
No one automatically becomes an executor. The executor must be appointed by the court. The first executor will need to be removed by the court and a successor must be appointed. However, the court will do nothing until a petition is filed requesting the changes.
Your aunt passed away and your brother and you are the only living relatives he received everything in the will and you got nothing may you contest the will?
You may contest the will on technical grounds if you believe it was improperly drafted according to state law. However, your aunt had the right to choose her own beneficiary.
Can a witness be the executor as well?
In the UK: Yes. Provided they have nothing to gain from the Will.
In 1973 can a child be adopted without the fathers conscent?
I believe so because my brother was given in the state of IL in 1973. The father had nothing to do with it. My name is Melinda and I live in florida.
What is after the master rank contest on Pokemon pearl?
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If you win in the contest hall you get a ribbon but nothing else except for that
What rights do you have as a non-executor adult child of the decedent if the decedent's brother is executor?
The right to inherit has nothing to do with who was named executor. The right to inherit remains valid with all of the children. Consult a probate attorney that knows the laws for your state. ==Another Perspective== The court appointed executor has the obligation and authority to settle the estate. Only the executor has the power to manage the assets, transfer property, close accounts, sell real estate, etc. The executor must follow the provisions set forth in the will. However, all the powers of the office may be carried out according to the discretion of the executor without any interference by the beneficiaries. If the beneficiaries have questions concerning the executor's role they should first contact the attorney who is being paid to handle the estate.
