No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
An executor cannot file for bankruptcy in the name of the decedent.
There should be no changes required to the existing accounts. The monies should be moved into an estate account.
The executrix is responsible to distribute the assets according to the will or the laws. The consent of the beneficiaries is not required.
Executrix
If the executor dies before the estate is settled then a successor must be appointed by the court. Another person must notify the court of the death and ask to be appointed.
That would be one of the key duties of the executrix. They have to inventory, value and liquidate the estate.
Yes, that person can be audited or made to account for what was done under the POA. The practical problem is that the executrix of the estate is the one normally exclusively entitled to demand an accounting from the former POA holder and it is not likely that she will provide an accounting unless ordered to do so. A beneficiary of the estate would have standing under those circumstances to file an action in court to get a court order directing the executrix to account for what she did under the POA. Most states have no automatic requirement for an accounting by a POA holder the way they might have automatic requirements for an executrix to account. This is why the beneficiary might have to go to court.
Checks made payable to the Estate, or to the Trustee of the Estate in their capacity as Trustee, and/or to the individual for whom the Estate is named.
The fee is set by state law.
Yes. Your sister can file a "Declination" and the petition to have the will allowed can list you as the executor. The attorney handling the estate will know how to file the proper documents so that you can be appointed.
The executrix owes nothing to anyone. The estate is distributed according to the will or the law. In some cases the law may make exceptions to the will, particularly if the children are minors.
That is the option of the executrix. They don't have to get permission from every heir to manage the estate.