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You were appointed executor for a recent decease but you are not happy to perform the role Can you refuse?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 15y ago
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Can a probate will be changed if a partner dies whose brother was executor of the will and has not been notified of the a new will?
No. A will cannot be changed by the executor. Testators do not always destroy an old will when they write a new one. If someone presents a more recent will to the court that one will be probated. If you think the new will is a forgery or written under duress or by an incompetent testator then you can object to its allowance if you are an interested party. In that case you should consult with an attorney.No. A will cannot be changed by the executor. Testators do not always destroy an old will when they write a new one. If someone presents a more recent will to the court that one will be probated. If you think the new will is a forgery or written under duress or by an incompetent testator then you can object to its allowance if you are an interested party. In that case you should consult with an attorney.No. A will cannot be changed by the executor. Testators do not always destroy an old will when they write a new one. If someone presents a more recent will to the court that one will be probated. If you think the new will is a forgery or written under duress or by an incompetent testator then you can object to its allowance if you are an interested party. In that case you should consult with an attorney.No. A will cannot be changed by the executor. Testators do not always destroy an old will when they write a new one. If someone presents a more recent will to the court that one will be probated. If you think the new will is a forgery or written under duress or by an incompetent testator then you can object to its allowance if you are an interested party. In that case you should consult with an attorney.
What is the format for an estimization of fees for an executor?
This is a general answer. It is rather a guideline or example of how you can determine fees for an executor. An executor is entitled to compensation. the beneficiaries are entitled to review and approve or disapprove of the level of compensation. If the beneficiaries do not agree with the level of compensation, a court must set it. The amount of the executor's compensation may be adjusted up or down based upon a number of factors. these factors include: a. The total value of the estate; b. the complexity of the estate; c. The time spent by the executor in the discharge of their duties; d. the skill displayed by the executor in the administration of the estate; e. The degree of care exercised by the executor; f. The results of the administration and any investments made by the executor. There used to be a rule, which prohibited an executor from "pre-taking" compensation before it had been approved the the beneficiaries or fixed, by the court. This rule has been modified by recent court decisions. As a result, an executor is entitled to "pre-take" compensation beforfe it has been approved by the beneficiaries or by the court. It is generally prudent to obtain beneficiary or court approval before taking the compensation. In the event that compensation is pre-taken, if it is ultimately determined by a court to have been excessive, the executor will be required to pay the excessive amount together with interest. The preparation of accounts, income tax returns, management of investments, and other estate administration are the duty of the trustee. In appropriate cases, these functions can be delegated to qualified expers (accountants, lawyers, property managers, etc.) and the cost of such experts will be paid in addition to the executor's compensation.
Can executors charge for their services?
An executor is entitled to compensation. the beneficiaries are entitled to review and approve or disapprove of the level of compensation. If the beneficiaries do not agree with the level of compensation, a court must set it. The amount of the executor's compensation may be adjusted up or down based upon a number of factors. these factors include: a. The total value of the estate; b. the complexity of the estate; c. The time spent by the executor in the discharge of their duties; d. the skill displayed by the executor in the administration of the estate; e. The degree of care exercised by the executor; f. The results of the administration and any investments made by the executor. There used to be a rule, which prohibited an executor from "pre-taking" compensation before it had been approved the the beneficiaries or fixed, by the court. This rule has been modified by recent court decisions. As a result, an executor is entitled to "pre-take" compensation beforfe it has been approved by the beneficiaries or by the court. It is generally prudent to obtain beneficiary or court approval before taking the compensation. In the event that compensation is pre-taken, if it is ultimately determined by a court to have been excessive, the executor will be required to pay the excessive amount together with interest. The preparation of accounts, income tax returns, management of investments, and other estate administration are the duty of the trustee. In appropriate cases, these functions can be delegated to qualified expers (accountants, lawyers, property managers, etc.) and the cost of such experts will be paid in addition to the executor's compensation.
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