With the permission of the court, certainly. And you can't get out of probate until something is done with the house.
There is no executor of probate. The executor of the estate executes the will and probates the estate.
Typically the executor does that, not the guardian, but it is possible they are serving as both.
That time period is generally governed by state laws. In most cases the executor should submit the will for probate within 30 days and thus commence the probate process. The executor has an obligation to settle the estate as soon as possible and with expediency. It is a violation of their duties as executor to drag it out unnecessarily.
No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.
An executor is not an executor until the will has been examined and allowed and they have been appointed by the court.
The court will appoint a new executor. Consult a probate attorney and they will help you get it resolved.
No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.
No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.
If there is no will then there will be no executor. When a person dies intestate, or without a will, a qualified person must petition the probate court to be appointed the administrator of the estate. That should be done as soon as possible. You should seek the advice of an attorney who specializes in probate in your area.
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
The original must be presented to the probate court to be examined and allowed along with a petition by the named executor to be appointed the executor. In order to commence the probate proceeding the original must be turned over to the executor. You should consult with an attorney who specializes in probate.