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Can a person who was living with your dad prevent his children from being appointed executor of his estate?
Wiki User
∙ 11y ago
No, not unless they were married or he appointed them as executor in his will.
No, not unless they were married or he appointed them as executor in his will.
No, not unless they were married or he appointed them as executor in his will.
No, not unless they were married or he appointed them as executor in his will.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoNo, not unless they were married or he appointed them as executor in his will.
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How do you know if you are the executer of an estate if there was no will?
If there is no will then there is no executor. Some qualified person would need to petition the probate court to be appointed the Administrator of the estate. An Administrator is appointed when there is no will.
Can an executer cheat the beneficiary of the estate?
Of course not. If the beneficiary has reason to believe the executor is mishandling the estate they should complain to the court that appointed the executor immediately and ask the court to review the situation.
What happens if one brother does not want to settle the estate and it has been ongoing for five years?
The court appointed executor has the authority and the obligation to settle the estate. If the person who doesn't "want to settle the estate" is the court appointed executor you need to file a motion to have them removed and a successor appointed. If the estate hasn't been filed for probate then hire an attorney, file the will and request that you be appointed the executor. One person cannot stop the legal probating of an estate. That's why we have courts. If the person who has possession of the will won't hand it over for probate then petition to be appointed administrator of the estate and carry on as if there is no will. In that case the assets will be distributed according to the state laws of intestacy. In any case, get moving.
What happens in Texas when the executor of will was convicted for a felony?
This question begs another question of why was the person appointed in the first place. Perhaps they have since been convicted but that implies that the estate has been uncompleted for a long time. In any case, some other interested party should petition to have the executor removed and a new executor appointed. This situation should be handled by the attorney who is representing the estate.
What does with will or will annexed mean when talking about an estate case summary?
An administrator with will annexed is an administrator (appointed by the court) who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve.
What if no one is appointed executor and there are seven children?
No will or estate will fail because of the lack of an executor. The court will appoint someone to serve.
How do siblings file for parent assets after death with no will?
Petition the court to open the estate. They can ask that one of the children be appointed as the executor. The court will issue a letter of authorization to the executor to inventory and clear out the estate.
How do you get Executor Power?
Generally, in order to be appointed the Executor of an estate you must present the Will to the Probate Court for allowance and at the same time petition to be appointed the Executor.
Can a sibling claim themselves as executor of your parents estate without your consent if there isn't a will?
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.
Can an unpaid executor get paid for gasoline expenses?
As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.
When should an executor of an estate know they are appointed executor?
When the testator has passed away. That is when their duties begin. The first thing they have to do is file with the probate court to be appointed as executor.
Can you appoint a company as an executor of a will?
Yes a company can be appointed as executor. Banks are often asked to handle the estate.
What is the executor of a will?
The executor of the will is the person appointed by the court to distribute the estate according to the terms of the will and the state probate laws.
When does executor of will step in when spouse is living and has different executor of will?
The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.
Do you have to go to the court to be appointed executor of someone's will?
The Will must be approved and the executor must be appointed by the court or they have no legal authority.The Will must be approved and the executor must be appointed by the court or they have no legal authority.The Will must be approved and the executor must be appointed by the court or they have no legal authority.The Will must be approved and the executor must be appointed by the court or they have no legal authority.
What can heirs of an estate do if the executors refuse to have items appraised as stated in the will?
Return to the court that appointed the executor and petition to have the executor removed and a new one appointed.
Who can legally probate a will?
Generally, a court appointed executor can probate an estate once the will has been proved and allowed by the court and the court has officially appointed the executor.
