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You were listed as an executor on a will and do not wish to fulfill those duties how can you be removed?
Wiki User
∙ 14y ago
Simply tell the court you don't wish to serve. They will appoint someone else as the executor. If there are no family members willing to serve, the court will appoint an attorney or bank to do the work.
Wiki User
∙ 14y ago
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What if the executor of a will was put in jail for a felony conviction does the secondary executor listed in the will automatically become the executor?
No one automatically becomes an executor. The executor must be appointed by the court. The first executor will need to be removed by the court and a successor must be appointed. However, the court will do nothing until a petition is filed requesting the changes.
Can your sister who is listed as an executor along with you also as an executor try to have you removed as an executor on your mothers will?
Yes, she can petition the court to be the sole executor. If there is conflict, the court may very well appoint a third party, a bank or attorney, without a vested interest in the estate. This typically costs the estate money in the form of compensation to the executor.
What happens if the executor listed in the will can not be found?
The court will appoint an executor. That is often an attorney or a bank.
Is it possible for personal representative purposely not list all assets on inventory list of deceased estate?
If there is evidence that the executor has not listed all the assets of the decedent the executor should be reported to the court immediately. Any evidence of non-reported property should be presented to the court and the executor should be removed and replaced.
What describes powers not specifically listed in the US Constitution but that are necessary in order for the President to fulfill his or her duties?
These are called inherent powers. They are provided for in the Constitution by what is known as the "elastic clause."
Can a executor get paid their fee if the estate is not approved but its closed?
Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.
Can the executor benefit from the will?
Yes, the executor can also be a beneficiary of the Will. Also, in most jurisdictions the executor can be paid from the estate for their services up to a certain amount that is generally set forth in the probate laws.
Does the executor have to get appraisals done on jewelry that is listed in a will?
One of the most important jobs of the executor is to list all the assets and their values. It is critical in order to liquidate the estate and resolve taxes.
Are the duties of all cabinet members listed in the constitution?
yes
How can an heir examine estate bank accounts if executor refuses to share them?
First, an executor must be appointed by the court. Until the appointment they have no authority. To commence the probate of a testate estate, the will must be submitted to the probate court for allowance and the executor petitions to be appointed. If the will is allowed and the executor appointed, a probate case is created and that file becomes a public record. Anyone can visit the court, request the file and review the contents. One of the first duties that an executor must perform is to gather up all the property of the decedent and submit an inventory to the court. Any bank accounts must be listed along with their balances. After all the decedents debts have been paid and the property distributed, the executor must submit a final account that details where all the assets went, either to pay the debts of the estate or as distribution to the heirs. Any person can monitor the estate by periodically reviewing the file. No one but the executor is "entitled" to handle bank records. If you think the executor is not reporting assets accurately you can file a motion asking the court to compel the executor to produce bank records. You may need to hire an attorney if the situation gets that serious. See the related question link for a list of the general duties of an executor.
Should there be more than one executor for a deceased family member.?
Multiple executors usually causes problems. A single executor is better in my opinion and I would word it that way in the will, even if several alternatives are listed.
What responsibilities are listed in duties 2 3 and 4?
Tyyy
