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Can a copy of a will be used if executor refuses to have the will probated and will not relinquish the original copy of the will?
Wiki User
∙ 10y ago
You need an attorney, not a website.
An executor does not have the legal right to "refuse to have the will probated." Until the will is probated, it's just a piece of paper (and part of what makes an executor an executor instead of just a busybody is being granted probate by a court).
From what you are saying, the "executor" in this case is playing fast and loose with the law, and you'll probably want to get an attorney involved sooner rather than later.
Wiki User
∙ 10y ago
Wiki User
∙ 15y agoGenerally, an original must be filed for probate. If for some reason only a copy is available you will need to have a hearing before a judge who will determine if the copy will be allowed or not.
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A Will has been Probated. The Executor has paid all bills and has tried to make distribtion to Benificairies. One refuses to accept payment. and wants more and more info. Can the Executor say no?
If they refuse to accept payment, the amount is then spread out amongst the other beneficiaries. If the court accepts the distributions, the estate can be closed.
Who become a new executor if the original executor of a will dies and the will was already in probate?
If the will names an alternate executor in the event the first named executor dies or refuses to serve, then that person should become the new executor. If the will does not name an alternate executor, or if the alternat has died or refuses to serve, then generally one of the residuary legatees named in the will should be appointed. In some states this person is not known as an executor but rather an administrator c.t.a. This is an abbreviation for the Latin "cum testamento annexo", meaning, "with the will amended." Keep in mind that probate laws differ from state to state. This is a general answer and might not apply in every state.
How do you relinquish rights as an executor?
If I own an equal amt.of property as the executor of the estate and he is taking things what are my rights? He will not allow me into the house without him, but he is going in and removing items when I am not there?
What if executor refuses to pay siblings on legal will drafted by an attorney very clear as to money being paid exactly as per will. Executor has history of abusing siblings Refuses to obey.?
If the executor is not fulfilling their duties as outlined in the will and is refusing to distribute the assets as specified, the siblings have the legal right to challenge the executor's actions in court. They can petition the court to compel the executor to follow the terms of the will and may also consider seeking legal advice to understand their options and rights in this situation.
What happens if the executor of an estate refuses their position and makes the next of kin executor?
Happens all the time. No big deal. The executor, whomever it is, fulfills the duties are required by law. And if no one 'wants' to be the executor, the court will appoint someone to do it, usually an attorney or a bank.
Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?
Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.
Is the executor of an estate always required to file an accounting of the distribution of the assets of an estate?
Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.
What if an executor refuses to pay bills for the deceased?
The executor cannot refuse to pay properly documented debts. They do not have to pay them personally, the money comes from the estate. If there isn't any money, they show the court the assets and distribution and the estate is closed. And if they insist on not paying, the court can revoke their status as executor and assign it to someone else.
What recourse do the heirs have when the Propriety has sold the money is in the bank but the executor refuses to distribute the money to the heirs?
If the period during which creditors can make a claim has passed, generally, the heirs can submit a motion to the court to compel the appointed executor to make distribution. The executor has a legal obligation to perform all their duties in a timely manner. If the executor isn't doing that then complain to the court or to the attorney who is handling the estate.
How do you get the title for a car if the person dies before the title was signed and the executor refuses to sign the title in NC?
You will probably have to go to court and get the judge to order it.
One heir refuses to sign papework for sale of property There is now will. What can be done to get the signature. Texas?
The executor should petition the court for the right to sell the property.
What if a person was given permission to store property while probate of the will took place and now refuses to relenquish property?
If the person refuses to return the property as agreed, the legal owner or executor of the estate can take legal action against them. This may involve filing a lawsuit for the return of the property or seeking a court order to force them to relinquish it. It's important to consult with a lawyer to understand the specific legal steps and options available in this situation.
