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If there are no reserve executors one or more of the residuary beneficiaries can act (if they are adult).
In the United States
Generally, The executor must file a resignation and the court must appoint a successor. An executor gets their legal authority via the issuance of Letters Testamentary in the name of the executor.
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∙ 13y ago
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When a guardian is appointed by the Court does the executor lose his power?
No. The executor has the power and authority to settle the estate according to the provisions in the will and the state probate laws. A guardian is appointed to act on behalf of a child or legally incapacitated person who may be a beneficiary. The guardian is treated by the executor as though she was the person she represents if that person had legal capacity.
What is better general or durable power of attorney?
A durable POA allows the attorney in fact to act even after the principal becomes incapacitated. A general POA does not.
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 there be only one co-executor?
No, in fact, you can have as many co-executors as needed. However, as you can imagine, the more co-executors you have, the more complicated administering the estate becomes. I always suggest that only one executor is named, followed by an alternate executor if the original executor cannot act, or has pre-deceased the testator.
Can the executor of the will put the parent in a home?
No. As the executor of a will, your role as executor is not triggered until the party who named you executor dies. If the parent is still alive, you'd need a power of attorney (document) naming you as the power of attorney to make decisions for the parent in the event that the parent is incapacitated or incapable of making decisions on his or her own behalf.
When someone has Power of Attorney is it still in effect when the person get married?
Yes. Generally, a POA is in effect until it is revoked in writing or the principal becomes incapacitated. A Durable POA remains in effect even if the principal becomes incapacitated.
What does the term inability to act mean in a will?
it normally means that the party is incapacitated or either refuses to act.
How can an incapacitated independent co-executor of an estate be replaced?
The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.
Who becomes the executor of an estate if no one accepts being executor and no relatives?
The court will appoint an executor either an attorney or a bank. The cost will come out of the estate.
The 25th amendment determined the order of if the president becomes incapacitated?
It determined the order of succession.
Can the sole beneficiary act as executor if the executor for my fathers will dies.?
Yes. You can notify the court that the executor has died and request that you be appointed the successor.
Do you have to go through probate in Oregon if there is a will that appoints an executor?
Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.
