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Does the executor of a will have to live in the same state as the testator?
Wiki User
∙ 7y ago
There are no residency requirements. They can live anywhere they wish. However, the estate has to go through probate in the state where the property is.
Wiki User
∙ 7y ago
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Can the lawyer who wrote up the will also be executor of the same will and is this unethical?
A person can designate anyone he/she wants as executor of his/her Will, which, generally speaking, can include the attorney drafting the Will. Each state has its own code of professional ethics, however, so you would want to contact your state's board of bar overseers for a definitive answer.
Is an executor of a will in Queensland a Trustee?
An executor of a will is the same thing as a trustee. They are responsible for the estate and making sure that plans are carried out.
How many witnesses are needed in Georgia for a will?
Two (2) with at least one that's marking. Contact a layer to be certain.Read more here:Georgia Code Section 53-4-20. Execution and signature of will; witnesses.(a) A will shall be in writing and shall be signed by the testator or by some other individual in the testator's presence and at the testator's express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator's will.(b) A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. A witness to a will may attest by mark. Another individual may not subscribe the name of a witness, even in that witness's presence and at that witness's direction.(c) A codicil shall be executed by the testator and attested and subscribed by witnesses with the same formality as a will.
Is an executor of a will the same as the trustee?
No. An executor settles an estate according to the provisions in the will. A trustee manages a trust according to the provisions in a trust.A trust may be set forth in a will. In that case the will must be probated with the executor in charge of the probate of the will. Once the probate process is completed the court will allow the trusteeship and officially appoint the trustee. Then that trustee will manage the trust according to the provisions set forth in the will.
Can you legally move out at the age of 16 in the state of Tennessee?
Even in Tennessee, sixteen is not the same age as eighteen. Until you are an adult, the law says the parents are responsible for the minor and where they live.
Can the testator and executor be the same person?
No. The testator is the person who makes a Will.The executor is the person named in a Will as the person who will settle the estate according to the provisions in the Will after the death of the testator. The executor must submit the Will for probate and petition for appointment by the court.
How do you become a co-executor of your mother's will?
The following is general information only. You should consult with an attorney in your jurisdiction who specializes in probate law. The testator usually names the executor in the will. When the testator dies, the named executor files the will for probate and must also petition to be appointed as the executor at the same time. The executor has no power or legal authority until they have been appointed by the court. If your mother didn't name you as co-executor in her will then you will need to consult with the person who was named in the will. Perhaps they would consider allowing you to join in the petition for appointment as a co-executor.
Should an executor suggest changes to a will?
Suggest changes to whom? The will should be drafted by the testator without influence by any other party except their lawyer or a trusted friend or relative with whom they usually discuss their private affairs. And, suggestions should be made only at the request of the testator. Changes made at the unsolicited suggestion of the executor may constitute undue influence.The executor has no special right or position to influence the testator unless they have always been a trusted advisor. An executor who has too much influence on the testator can cause the will to be vulnerable to challenges.Another PerspectiveIf the executor has special knowledge about the law that the testator does not have, then there's no reason he couldn't pass that along... something like "hey, this bit here? You can't actually do that. You can accomplish pretty much the same thing by wording it like this..."
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.
Where do you get a form to replace the executor of a will before death?
A testator can make changes to their will by using a codicil. A codicil is written in the same form as a will and should clearly explain its purpose: which provision in the will is being stricken or what provision is being added. The codicil must clearly state the added provision if there is one. In the case of changing the named executor the codicil must state the section appointing (name) as executor is hereby stricken and is replaced with the appointment of (new name) as executor. Wills and codicils should be drafted by professionals to make certain they conform to state laws. If legal documents do no conform to state law they may be deemed invalid.
How do you change the executor of a will?
The individual has his or her will amended to show the new named executor or executrix. The amending will need to be witnessed and notarized (preferably) in the same manner as the original document, but not neccessarily by the original witnesses. An executor or executrix who has been appointed by the probate court or was named by the testator (testrix) must be relieved of the responsibility through the court.
How soon does a will have to be filed after death by an executor?
Most state probate codes have a section that addresses the filing of a will after the death of the testator. For example, in some states the named executor who is in possession of the original will must file it for probate within 30 days. Someone who is not the executor and has possession of the will is required to hand it over to the court within a certain time period also. The rules vary from state to state. You can check the rules in your state by performing a search using 'your state + probate code'. An example from the Probate Code of Washington State is provided below:Washington State:Any person having the custody or control of any will shall, within thirty days after he shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor having in his custody or control any will shall within forty days after he received knowledge of the death of the testator deliver the same to the court having jurisdiction. Any person who shall wilfully violate any of the provisions of this section shall be liable to any party aggrieved for the damages which may be sustained by such violation.
Can an executor bring suit on behalf of an estate presenting only the will before the will is probated because probate is expensive and time consuming?
This can be possible if the executor can show evidence that the beneficiaries of the will would be the same even if the testator had died intestate (without a will). Or, if all interested parties to the will come to a written agreement and accepts the will as it is written and no one contests the will.
How can an executor remove a squatting sibling in ny state?
The same way anyone is removed. They file an eviction notice with the court.
Rights of non-executor surviving children?
The same as all other heirs. They are entitled to their distribution per the will or the state intestacy laws. The executor is required to inventory, value, resolve all debts and distribute the wealth.
Is executor of the Will same as power of attorney?
No. A living person (the principal) can execute a Power of Attorney document that appoints an attorney-in-fact to act on their behalf and manage their affairs while they are alive. A POA is extinguished immediately upon the death of the principal. An executor is the person named in a will to distribute an estate after a person has died. The will must be filed in probate court and the court will appoint the named executor if there are no objections to the appointment. The executor will then have the authority to pay the debts of the decedent and distribute the remaining estate to the heirs according to the provisions set forth in the will and the state probate laws.
Can you appoint an executor from another estate in your will?
Yes. You can appoint the same person as your executor in your will even if that person has been appointed by someone else as their executor in their will.
