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Can a executor named in a will override a person who has been granted letters of administration of the deceased estate?
Wiki User
∙ 9y ago
No, they cannot over ride the appointed administrator. They would have to get the court to remove the letter of authority.
Wiki User
∙ 9y ago
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Must will be probated to become an executor?
In the United States an executor must be appointed by the court. In Canada an Executor can be assigned through the will by the deceased. The executor must prepare all the documents and perform all the due diligence prior to the estate being granted probate by the courts. The executor is the designated person who handles all the affairs of the deceased and is the liaison person between the beneficiaries and the lawyer.
How does a benficiary of one who is deceased obtain power of attorney?
A power of attorney can only be granted by a living individual. You want to be appointed executor of the estate, apply to the probate court.
Does a majority vote of heirs in an estate override an executor?
No. Not unless that power was granted in the Will. Otherwise, an executor is appointed in an estate in order to avoid such types of interference by the heirs. The court appointed executor has the legal authority to carry out the provisions in the Will and according to the probate laws for any property not mentioned in the Will. The heirs generally have no say in those matters.
What happens after probate in approved in Queensland Australia?
Probate means "a certificate granted by the Probate Division of the Supreme Court, in QLD it is the QLD Division of the Supreme court. The certificate shows that the will of the deceased has been proved as valid and registered and that authority to administer the deceased estate has been granted to the executor proving or propounding the will" Butterworth's Legal Dictionary 2004 So therefore after the certificate of probate is granted, see the executor of the will so that you are able to claim your share. I'm assuming that you are a beneficary?
When someone is deceased can their credit report be viewed online?
No. Credit reporting bureaus will not allow access to the report without an order from the probate court. Such an order is usually only granted to the named or appointed executor or executrix of the deceased's estate.
If a person has been granted the administration of estate of the deceased is he or she obligated to pay the deceased debts?
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Does the person named by the deceased as administrator of will have to file the will?
Yes, the person named by the deceased as administrator of the will is called the executor. The job of the executor is (out of the deceased's estate) to settle all the deceased outstanding debts and pay for the funeral. Then the executor adds up everything in the deceased's estate, pays any outstanding taxes and any inheritance taxes that may be due and presents the account of all this along with the will to a special court called a probate court. If the court is happy with what has been done the executor is then granted a probate document which allows him dispose of the remainder of the estate as the person's will instructs. Without the deed of probate, companies like banks and stockbrokers will not accept the executors instructions to do things with the deceased's property.The filing of the will is the act of presenting it (and the accounts) to the probate court.
Does the power of attorney in the state of Florida entitle the person that has it to receive compensation from the estate he or she is overlooking?
Unsure of what it is that is being asked. A Power Of Attorney (POA) is only valid while the person that granted it is still alive. The minute the grantor of a POA dies, the POA ceases and the POA become invalid! On the other hand, an EXECUTOR of a will, who is usually named by the testator, MAY be required to post some kind of bond with the court which establishes their faithful and lawful execution of the will. This 'bond' may be waived by the testator, and the Executor MAY be granted compensation for their role in executing the estate IF the deceased provided for such in their will. In summation: the holder of the deceased's POA holds a useless piece of paper. The Executor of the deceased's will is in full control of the execution of the deceased's wishes.
As executor of an estate do you have the right not to give money to an heir if you feel she was using the deceased just to become an heir?
An executor must follow the provisions in the will and for any property not distributed by the will must distribute it as intestate property according to the laws of intestacy. An executor does not have discretionary power of distribution unless that power was specifically granted in the will. An executor is personally liable for any acts that go against the will or violate the law.
Does Congress have the power to override reserved powers granted to the states.?
no or false
Can executor of a will remove a trust?
The executor of a will typically does not have the authority to remove a trust unless specifically granted that power in the trust document or by a court order. Trusts are separate legal entities with their own set of rules and provisions that usually require specific procedures to be followed for any changes to be made. It is recommended to consult with an attorney for guidance on this matter.
Will conservatorship override power of attorney?
A conservatorship is granted by a court. It will override a power of attorney.
