0
As an executor how can you obtain a letter of appointment in order to cash checks written to the estate?
Wiki User
∙ 12y ago
You need to file Will and Petition for Appointment in local Probate court.
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?
The executor can file a resignation with the court and you would petition for appointment as the successor.
Does the executor have the right to say that things must remain in the house for her grandson?
That depends on what was written in the Will. The estate must be probated and the executor must seek appointment from the probate court.
Is it executor under the Will or Executor of the Estate?
Not all wills name an executor. If an executor is named in the will they must submit the will to probate for allowance and petition for appointment as the executor. In that case they will be both the executor under the will and the executor of the estate once appointed.In some cases, the named executor has died. In that case the court must appoint another person to act as executor. In some cases the executor named in the will declines the appointment. In that case the court will appoint an alternate. Either of these executors can be referred to as executors under the will and they are both executors of the estate. It may simply be a matter of style.Some may acknowledge a distinction that a person who is executor under the will has not been officially appointed by the court and the executor of the estate has been appointed by the court and Letters Testamentary have been issued making the appointment official.
I am trying to claim Mom's annuity. The company is requiring a Letter of Testamentary that I'm the executor of the estate. How do I get this Letter of Testamentary?
You need to get a copy of your Mother's will to prove that you are an executor of her estate. If there is no will you need to apply for an appointment as an executor so that you can handle her estate matters.
How do you object to the appointment of the executor of a will?
You contest the executor named in the petition by filing an objection on the basis of anticipated failure of the executor's ability to perform fiduciary duty. You would have to file the appropriate objection with the court where the petition for probate of the will was filed. It is rare that a court will refuse to appoint the named executor just on suspicion of future improper behavior or animosity between the executor and the beneficiaries; however there are instances when it is appropriate. State laws provide that executor may be removed from their office (after appointment) for breaching their fiduciary duties to the estate and beneficiaries. If the executor loses estate money, fails to invest estate assets, fails to preserve estate assets, fails to obey court orders or does anything detrimental to the estate, the court will remove the executor.
Can executor of a trust write checks to pay bills?
The executor is responsible for settling the estate. That will include writing checks to pay bills. In most cases they will create an estate account to handle these items and be able to provide a complete accounting to the court.
Can executor pass responsibilities to attorney?
Yes. The executor can assign their rights to represent the estate by the appointment of an agent. That is frequently done when the deceased owned property in another state or when the appointed executor lives a distance from the court where the estate is filed.
Who places real property into probate?
If there is a will the named executor must submit the will to probate and petition for appointment as the Executor. If there is no will then a qualified person (family member) must petition for appointment as the Administrator of the estate. When the petitions are 'allowed' the estate comes under the control and supervision of the probate court.
What if the executor of the estate dies before the estate is finalised?
The court must be notified and another interested party must request appointment as the successor.
Can the court require an executor to repay legal fees for removal of another executor?
First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.
Can you request that executor not be paid because of exhibiting favoritism in the managing of the estate?
No. If you think the executor has misused their authority it should be reported to the court that made the appointment. The court will review the matter and issue a decision. An executor can be held personally liable for mismanaging the estate.
What are the steps to redeem deceased visa travelers checks as an executor of the estate?
They would present their letter of authority to the issuing entity, along with the checks. That should allow the fund to be returned to the estate.
