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Can you contest who is executor of a will before it is probated?
Wiki User
∙ 13y ago
Certainly you can contest it before and even during the probate period. The court is then likely to appoint a neutral party as the executor. They usually go with an attorney or a bank.
AnswerGenerally, when a will is presented to the probate court to be proved and allowed the person making the petition is also petitioning to be appointed the executor. The court will order that notice be provided to all interested parties by mail and by publishing. If any wish to object to the allowance of the will or the appointment of the executor they must pay close attention to the date of the hearing stated in the notice. Objections must be made within a certain time period that varies from state to state. The court will hear the objection and render a decision. Once the period for objection has passed and the executor has been appointed it is too late to object to the appointment of the executor.
Wiki User
∙ 13y ago
Wiki User
∙ 16y agoCertainly you can contest it. The court is likely to appoint a neutral party as the executor. They usually go with an attorney or a bank.
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When a person with a reverse mortgage dies can the executor give the house to the reverse mortgage company?
The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.
Why is a will probated?
A will must be probated so the court can rule the will is technically valid and can appoint the executor. No one has the legal right to act as the executor until they have been appointed by the court and issued letters Testamentary. Title to real estate will not pass to the heirs until the estate is probated.
When does the executor distribute funds from a probated will?
The executor of a probated will should distribute the proceeds of the will after it is settled in probate court. Some states have laws in place that state a certain time limit for the funds to be issued to heirs.
Can a copy of a will be used if executor refuses to have the will probated and will not relinquish the original copy of the will?
You need an attorney, not a website. An executor does not have the legal right to "refuse to have the will probated." Until the will is probated, it's just a piece of paper (and part of what makes an executor an executor instead of just a busybody is being granted probate by a court). From what you are saying, the "executor" in this case is playing fast and loose with the law, and you'll probably want to get an attorney involved sooner rather than later.
Do you have to go through probate in Oregon if there is a will that appoints an executor?
Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.
Does the appointed Executor need to be a resident of state where Will is probated?
It is not a requirement in most cases. The state may require a bond for the executor.
Is trying to remove an executor from a will considered contesting the will?
Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.
What is a probate certificate?
A probate certificate most likely refers to the documents that a probate court issues to the executor that certifies that the will has been probated and that the particular person is the executor. The purpose of the certificate is to prove to financial institutions that the will has been probated and that the person named executor in the will is the actual executor and has the right to handle the estate. These documents are referred to as Letters Testamentary and usually the court will issue as many copies as the executor needs to handle the estate.
Can a Michigan resident be executor of an Ohio will?
Yes, a Michigan resident can be named as the executor of an Ohio will. However, the executor may need to fulfill certain legal requirements or seek legal counsel to ensure compliance with Ohio laws regarding probate and estate administration.
Can cd's be cashed in that belong to a dead person before the will is probated by the executor?
Most states require filing of probate as a first step in appointment of the executor, which then gives the executor the power to collect and appraise the property of the estate and liquidate the portfolio for distribution.It depends on what you mean by "probated." Probate includes the entire process, which can last for years, until all assets are distributed. "Before the will is probated" could be taken to mean "before probate is filed", or "before everything required under probate is completed."So, technically yes, if the latter, because an executor has the power to do that DURING the probate of an estate. However, if the probate has not yet been filed, nobody has the power, as it died with the owner. Many elderly have ownership of such things placed into joint tenancy with right of survivorship, so that another person can immediately access the funds without probate.
Can an executor of a will remove jewelry from the deceases' belongings before the will is probated in NYC?
I infer from the question that the answer being sought is: no. A more correct answer would be the reason for the removal of the items, might it be for instance safe keeping (which a duty of the executor) or do you suspect some form of wrong-doing?
Does the executor have the right to say that things must remain in the house for her grandson?
That depends on what was written in the Will. The estate must be probated and the executor must seek appointment from the probate court.
