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.
yes he/she is allowed
Yes. There is a lot of work and responsibility involved in being the executor of an estate. The one sibling/beneficiary who is appointed should not be reqired to work for the other beneficiary for free. In some cases the executor may not charge the statutory fee, however, they should not be expected to work for free. The executor fee should be paid from the estate. If one of two sibling is inheriting real estate then they should make a cash contribution equal to one-half of the executor's fee.
Yes, the executor of the estate can make decisions such as this. it is usually best to talk it through if you are on good terms with your sibling.
Yes. The Executor has full authority regarding the estate of the deceased. I have seen a few cases myself where the executor cremated the body, took the ashes to a private location, and never told anyone of that location. Obviously, however, the siblings could attempt to fight this in court.
You are not the executor until you have been appointed by a court. Court appointed co-executors generally work together as a unit unless other intentions are clearly stated in the will. You need to seek clarification from the court.
No, not unless the court awards that sibling custody of the minor child. and the only way that will happen against the parents wishes is if the parents are proven unfit (be aware, it takes a lot to prove a parent unfit)
No, not unless the court awards that sibling custody of the minor child. and the only way that will happen against the parents wishes is if the parents are proven unfit (be aware, it takes a lot to prove a parent unfit)
An executor has a duty to act in the best interest of the estate and its beneficiaries, which includes being transparent and providing information to the beneficiaries. Hiding information from a sibling could be seen as a breach of fiduciary duty and may have legal consequences. It is important for all beneficiaries to have access to relevant information about the estate.
They do have that ability to have them removed. The property belongs to the estate and the executor is responsible for it. They can rent or sell the property.
In Illinois, a 17-year-old can live with an adult sibling if the sibling is willing to provide care and support for the minor. However, it is advised to consult with a legal professional to ensure that all necessary steps are taken to establish a suitable living arrangement.
The Aunt can be named a guardian, however this dos not prevent a custody challenge by the other parent.
The executor has no power while the person is living. Until they are appointed by the court, they have no power.