I feel the executor has full power over the heirs! Implead into the probate proceedings started up by the executor and question the anomalities you have seen or apprehend. Whatever be it, remember that the executor is the legal representative of the deceased for all purposes, and all the property of the deceased vests in him as such. Therefore before going into a protracted legal battle, it would be best to question the executor in a private fashion; through common known friends; through the church; whatever means other than adversarial proceedings through the court. Just because, the executor is appointed by the deceased, effective from the date of death of deceased, and if you blow your cool and unnecessarily, even unwittingly antagonize the executor, you waste time, and a lot of time in meaningless philanderings in court proceedings. This should be always avoided. Approach; Question; Argue the matter; Compromise; Settle (whether it is even to a minor loss); but close the matter at the earliest. Take what is your bequest; invest it sensibly; and continue your life outside the court. Or you will see a living hell of court, within your life.
You should contact the attorney who is handling the estate. If that doesn't work then file a complaint with the court explaining the reasons clearly.
Yes, the executor has the duty to carry out the instructions of the will regardless of what any potential beneficiaries may want. There may be situations in which the executor must sell certain property in the best interests of the estate. Of course, any questionable actions of an executor can be challenged in court.
The girls' actions were quite questionable. I found you doing a questionable act, today. Questionable, but legitimate, he said.
Yes. Judges have the authority to render decisions that affect the ownership of real property. You haven't included all the details such as the reason for the order. The executor's actions must have been questionable and the evidence went against the validity if the transfer.
Your words
No actions need to be taken, as your mother still lives. She can modify the will to appoint a new executor. Or when she does pass on, the court can appoint someone else to serve.
The will must go into probate. That is your opportunity to challenge the actions of the executor. A probate Judge will hear you on these issues and rule according to state law and in the fair interests of those involved.
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The duties of an executor are to prove the will to bury the deceased collect in the estate to pay the debts in their proper order to pay the legacies and distribute the residue among the persons entitled the executor may bring actions against anyone who is indebted to the testator or are in possession of property belonging to the estate
Generally, no. An executor has no authority until the will has been submitted to probate court, proved and allowed, and the court has officially appointed the executor. Once a will has been filed for probate it becomes a public record and anyone can go to the court, request the file and review the will and any other filings. An executor should not be secretive about a will or their actions in settling the estate.
No. An executor is the person who has been officially appointed to settle the estate. The executor does not answer to the heirs and they do not direct the actions taken by the executor. They do not need the permission or involvement of the heirs. Although the executor may, at their discretion, encourage the interested parties to express an opinion regarding the sale, the executor has the legal power and authority to make the final decision.
You can resign from the position upon providing a full accounting of your actions in regards to the estate.
There is a form that is submitted to the court with the will to request a letter of authority. It can recommend who wishes to be the executor. In most cases, unless there is controversy, the court will appoint that person. Otherwise the court will appoint a neutral party.