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If the sibling who is named as executor by a parent refuses to perform the duties of executor how can other siblings have access to family memorabilia and documents?
Wiki User
∙ 11y ago
Executor (male), Executrix (female) has the right to refuse this duty. It is best to seek legal counsel and one of you can take over the duty. It is best when making up your own Wills that you name more than one person as either Executor or Exectrix (or both.) In some cases, and depending on what State you live in this Estate can go to a "Trustee" and they will deal with it and you have the right to have a copy of the Will and be contacted if there are any problems with the Will. After Probate and all creditors and taxes are paid (can take up to one year) then the person "Trustee" can gather the heirs in the Will and distribute the money.
Wiki User
∙ 11y ago
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Does an executor need signatures from his siblings to release his property share?
The person named as the executor of a will does not need the signature of siblings to perform this function UNLESS they too are named as executors in which case the signatures of ALL the executors are required to dispose of the estate.
Must will be probated to become an executor?
In the United States an executor must be appointed by the court. In Canada an Executor can be assigned through the will by the deceased. The executor must prepare all the documents and perform all the due diligence prior to the estate being granted probate by the courts. The executor is the designated person who handles all the affairs of the deceased and is the liaison person between the beneficiaries and the lawyer.
Are pa siblings liable for burial costs?
If you mean your father's siblings, no. If you mean your siblings not necessarily. The estate should pay all outstanding debts before any inheritances are paid out. The executor named must perform these duties and provide proof of all expenditures.
What do I do if the executor of my father's estate will not give me any accounting information?
Complain to the court immediately. The court can compel the Executor to file an accounting or replace the Executor if they will not perform their duties with expediency.
What if the executor discriminates against an heir in MN?
They should be reported to the court immediately. The court can replace an executor who fails to perform their duties responsibly.
What if an executor of an estate does not meet their deadline to perform an evaluation of the estate?
Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.
Can the court require an executor to repay legal fees for removal of another executor?
First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.
What can you do if the other executor does not want to act?
You should submit a petition to the court to have the co-executor removed. Explain your reasons clearly and provide evidence of examples of their failure to perform their duties.
You were appointed executor for a recent decease but you are not happy to perform the role Can you refuse?
There is usually a procedure to 'renounce' executorship, but renunciation must be done before the named executor takes even one step. Otherwise the executor would have to apply to court to be relieved of the executorship.
Can an executor of an estate be removed as executor?
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
If the executor is abusing their authority or failing to perform their duties properly can they be removed?
Yes. Until an executor is appointed by the court they have no power or authority. Once appointed they are obligated to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. An executor who abuses their authority or fails to perform their duties with honesty, integrity and expediency should be reported to the court. They can be removed and replaced and are personally liable for any damages caused by their actions.
What recourse do the heirs have when the Propriety has sold the money is in the bank but the executor refuses to distribute the money to the heirs?
If the period during which creditors can make a claim has passed, generally, the heirs can submit a motion to the court to compel the appointed executor to make distribution. The executor has a legal obligation to perform all their duties in a timely manner. If the executor isn't doing that then complain to the court or to the attorney who is handling the estate.
