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Absolutely not. That would be a violation of law. One of the most sacred and ancient rights under common law systems is a person's right to decide how her property will be distributed after her death. The executor cannot change the last will and testament. Their legal obligation is to submit the will to the probate court and then follow its instructions to the letter if they are appointed as executor by the court. Until all that has taken place, the person named as executor has no legal authority whatsoever.
In this case "fair" is to be judged solely from the perspective of the testator.
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∙ 13y ago
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Can you benefit from the will if you are the executor?
Yes, nothing prohibits the executor from receiving part of the estate. In fact, it is more common than not for the executor to receive something, as for example, where a husband leaves his estate to his spouse and makes her his executor.
How long does an executor have to distribute a will?
The distribution shouldn't be made until the statutory period during which creditors can make a claim has expired. An executor must act efficiently and expeditiously in settling an estate. If you think things are not proceeding as quickly as they should then ask the executor and/or the attorney who is handling the estate for a status report. If you don't receive a prompt response then complain to the court. Depending on the complexity of the estate it can take a few months to two years or more to complete the probate proceeding.
How much does an estate executor in a will gets paid in California?
An Estate Executor generally makes between 60,000-74,000 USD annualy. Although, if they have a boner, they will make more.
Is the beneficiary of a deceased person usually the executor?
It is relatively common to for a beneficiary to be executor. They are more likely to get the estate closed quickly.
Can executor spend from estate to make home improvements?
It is certainly a possibility. If the executor responsibly believes that the value of the home will be greatly enhanced to the benefit of the estate, they could do so. It would increase the value of the estate and allow more debts to be paid and get more money for the heirs.
Can an executor file a claim against the estate in Kentucky?
Since the executor has the authority to handle the assets of the estate, pay any debts, and collect a statutory fee for their services before the legacies are paid the executor would have no reason to file a claim against the estate. They would be filing a claim against themselves in their capacity as the executor. You need to provide more details.
What should you do if the named executor who is also the main beneficiary is not acting in the best interest of the other heirs?
Either renounce or administer the estate or pay a professional to deal with the matter and the fees would be met from the estate. It is up to the executor to decide. If the exector decides to administer the estate, he or she can be paid a fee (amount varies by state and county). The executor is not a beneficiary and the beneficiary is not the executor. The beneficiaries really have no say as to what the executor should do (i.e., adminster estate, hire attorney to represent estate, or renounce). The executor has a sworn duty to administer the estate in accordance with the deceased's will and the laws of the state and county of probate.
What is executor's fee in Tennessee?
PetitionIn Tennessee, the estate executor files a petition with the court to receive payment for his duties. The petition includes a description of the assets of the estate along with a description of the services rendered. The estate executor requests an amount of compensation and then verifies that a copy of the petition was sent to all interested parties. The amount of compensation is based on the value of the estate and services provided by the estate executor.CourtThe probate court in Tennessee presiding over the estate determines the fee for the estate executor. The court decides on an amount which it deems fair, reasonable and appropriate given all the circumstances involved in settling the estate. These factors include the size of the estate, involvement of estate executor in settling the estate and relationship of estate executor to the decedent. The court will also take into consideration any complex litigation involved in the settlement of the estate. If the testator indicates in his will how much the executor should be paid, the court will take this into account, but must set the fee in accordance with state statute.Reasonable FeesIn determining the reasonable fees presented to estate executors, Tennessee courts take into account the value of the decedent’s gross estate. If the value of the estate is under $50,000 a minimum fee of $500 to the estate executor is considered reasonable. The percentage of the estate executor's fee decreases as the value of the estate increases. For example, for an estate valued at around $1,000,000, the estate executor would receive .5 to 1 percent of the estate's value. For an estate over $1,000,000, the estate executor would receive .25 to .50 percent.Extraordinary ServicesTennessee courts also take into account extraordinary services when determining fees for an estate executor. Extraordinary services can prolong the administration of an estate and consume more of an estate executor's time. Examples of extraordinary services include sales or mortgages of real or personal property and lengthy contested litigation involving claims against the estate. Complex tax returns or audits by any federal or state agencies can take up more of an executor's time. Finally, the managing or selling of the decedent's business can be a consuming process. Tennessee courts value this extra time and compensate estate executors accordingly.
What is the meaning of an executor and responsibility?
An executor is the e person who is responsible for settling the details of a deceased person's estate. There can be a single executor or one or more people charged with this job. An executor can be related to the deceased person, can be a friend or a lawyer, accountant, or other professional. The main requirement is that the person chosen as executor be at least 18 years old and have not been convicted of a felony. If you have been named the executor of someone's estate, you have been given a job of great responsibility. Some of these responsibilities include: paying creditors and taxes on the estate, notifying social security and other agencies of the deceased death, canceling credit cards among other things, and distributing the assets left in the estate.The executor of an estate has tremendous responsibility from small tasks to large ones. the executor of the deceased's estate must make sure all of the deceased's taxes and debts are paid, and then distribute what is left to the appropriate beneficiaries. The executor has a "fiduciary duty" to act in a manner of good faith and impartiality in making sure the wishes of the deceased are carried out to whatever extent possible
Is a executor in NY state responsible for debt if it is more than the assets?
The executor is not personally responsible for the debts. If the estate is not sufficient, the debtors will not get paid in full.
Can a surviving spouse file bankruptcy for a decease spouse?
The executor of the estate can do so. It is more than possible for the estate to not be able to pay all debts.
Can there be only one co-executor?
No, in fact, you can have as many co-executors as needed. However, as you can imagine, the more co-executors you have, the more complicated administering the estate becomes. I always suggest that only one executor is named, followed by an alternate executor if the original executor cannot act, or has pre-deceased the testator.
