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An executor is not allowed to do whatever they wish unless that power was specifically granted in the Will. An executor has absolutely no power until the Will has been filed for probate and the court has appointed the executor. Once appointed the executor has the authority to settle the estate according to the provisions in the will and according to the state probate laws under the supervision of the probate court. Any misbehavior should be reported to the court and the executor may be held personally responsible for any breach of their duties.
Wiki User
∙ 6y ago
Wiki User
∙ 6y agoAn executor is not allowed to do whatever they wish unless thatpower was specifically granted in the Will. An executor hasabsolutely no power until the Will has been filed for probate andthe court has appointed the executor. Once appointed the executorhas the authority to settle the estate according to theprovisions in the will and according to the state probatelaws under the supervision of the probate court. Anymisbehavior should be reported to the court and the executor may beheld personally responsible for any breach of their duties.
Wiki User
∙ 9y agoNo, they cannot do what they wish. They are required to follow the will and the law and are responsible to the court for doing so.
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What can I do if the executor won't answer my questions?
That depends on who you are and what your legal standing is regarding whatever the executor is handling.
Can the executor quit claim the property given to the executor?
They can do whatever they wish with their rights and property.
You did not know you were executor and do not want to do it?
You can decline the responsibility. The court will appoint another executor.
What if you don't want to be a co executor?
Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.
What if I don't want to be the executor?
If you don't want to be the executor, you can always refuse the assignment. Make sure to speak with the person writing the will or legal document and state your refusal in writing.
How about the family member don't want to sign off of executor fees?
Executor fees are set by law. The family does not have to sign off on them.
When a testator dies and the named executor does not want the duty how does he find a new executor?
The appointment of a named executor or replacement of an executor for any reason is under the jurisdiction of the probate court. The named executor can file a Declination if they don't want to accept the appointment and the court will appoint an alternate. The person who wishes to relinquish the office after appointment as the executor must file a motion with the court to be relieved of that duty and the court will appoint a successor. If the executor dies or becomes incapacitated the court will appoint a successor. If there has been misconduct or breach of duty by the executor the beneficiaries may petition for removal and appointment of a successor.
Can an executor do maintenance work to a family home when the other children are not consulted and they are being held responsible for the cost of repairs?
The executor must be appointed by the court. Once appointed they have the authority and responsibility to do whatever is necessary to settle the estate. That is the purpose of having an executor. If repairs are necessary to maintain the property or to prepare it for sale the executor has the authority to arrange for the repairs.
What if the executor does not want to sell a house in the will?
There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.
Can an executor allow a house to be foreclosed on if there is no money in the estate to pay monthly mortgage?
Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.
Do not want the appointed executor?
he has changed his will a few times..how do we know if we have the latest?
Is orange clothes acceptable on St Patrick's day in England when you're from Holland?
You can wear whatever you want, so of course it is.You can wear whatever you want, so of course it is.You can wear whatever you want, so of course it is.You can wear whatever you want, so of course it is.You can wear whatever you want, so of course it is.You can wear whatever you want, so of course it is.You can wear whatever you want, so of course it is.You can wear whatever you want, so of course it is.You can wear whatever you want, so of course it is.You can wear whatever you want, so of course it is.You can wear whatever you want, so of course it is.
