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Can a sibling who hasn't been in my dead fathers life be appointed executor of his estate since there is no will?
Wiki User
∙ 12y ago
If they petition the court for appointment they can be appointed if no one objects. If you have objections you must appear at the hearing and explain your reasons for objecting. Be prepared to request that another person be appointed. The court will consider the objections and render a decision.
If they petition the court for appointment they can be appointed if no one objects. If you have objections you must appear at the hearing and explain your reasons for objecting. Be prepared to request that another person be appointed. The court will consider the objections and render a decision.
If they petition the court for appointment they can be appointed if no one objects. If you have objections you must appear at the hearing and explain your reasons for objecting. Be prepared to request that another person be appointed. The court will consider the objections and render a decision.
If they petition the court for appointment they can be appointed if no one objects. If you have objections you must appear at the hearing and explain your reasons for objecting. Be prepared to request that another person be appointed. The court will consider the objections and render a decision.
Wiki User
∙ 12y ago
Typically, siblings are entitled to be considered for appointment as executor of an estate when there is no will. However, the court will ultimately decide who is the most suitable candidate based on factors such as their relationship with the deceased, their ability to carry out the duties of an executor, and any conflicts of interest. It's advisable to discuss this with a probate attorney for guidance.
Wiki User
∙ 12y agoIf they petition the court for appointment they can be appointed if no one objects. If you have objections you must appear at the hearing and explain your reasons for objecting. Be prepared to request that another person be appointed. The court will consider the objections and render a decision.
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Can a person who was living with your dad prevent his children from being appointed executor of his estate?
In general, a person living with your dad does not have the legal authority to prevent his children from being appointed as executor of his estate. The appointment of an executor is typically determined by the person's will or by law if there is no will. Family members are usually given priority in being appointed as executors. It is advisable to consult with a legal professional for specific advice regarding this situation.
Can an executor hide information from a sibling?
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.
How do you know if you are the executer of an estate if there was no will?
If there is no will, the court will appoint an executor to handle the estate. The person appointed as the executor is typically a close family member, such as a spouse or adult child, or in some cases, a professional, like a lawyer or accountant. If you believe you are the closest living relative and should be the executor, you can petition the court to appoint you as such.
What happens in Texas when the executor of the will was incarcerated for a felony?
In Texas, if the executor of a will is incarcerated for a felony, they may be disqualified from serving as executor. It will be up to the court to determine if a new executor should be appointed to handle the estate administration.
How long after a death does the executor have to settle the estate in Illinois?
In Illinois, there is no strict deadline for the executor to settle the estate after a death. However, it is generally expected that the executor will complete the process within a year of being appointed. Delays could occur due to the complexity of the estate or legal challenges.
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.
Should sibling who is executor and is inheriting estate residual be able to get executor fees from other sibling who is inheriting most of estate in real estate?
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.
Can you be made executor to fathers will after he is dead?
You can apply to be appointed executor of your father's estate. The court will issue a letter of authority. You will be required to distribute the estate according to the intestacy laws of the state.
Can a sibling appointed as an executor move the parent to a different care facility without consenting the other siblings?
The executor of an estate has no power while the individual is still living. If they have been appointed as conservator of the person, they may move them.
What to do when all assets stolen by sibling before estate probated?
The executor or administrator of the estate should sue those people for the wrongful taking of the decedent's money. If the sibling who stole the money is the executor or administrator, you can bring an action in the probate court to have that person removed as executor or administrator and have another person appointed who would sue for the return of the money.
The Executor in a Will is deceased. Can a sibling of the deceased now be appointed?
The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.
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 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 a person who was living with your dad prevent his children from being appointed executor of his estate?
In general, a person living with your dad does not have the legal authority to prevent his children from being appointed as executor of his estate. The appointment of an executor is typically determined by the person's will or by law if there is no will. Family members are usually given priority in being appointed as executors. It is advisable to consult with a legal professional for specific advice regarding this situation.
Does an heir sibling to an estate have a right to enter estate after death of a parent if they are not the executor?
They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.
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.
