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Can a will with an executor which provided care of a disabled child until death than be distributed to remaining heirs?
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Can your sister who is the executor distribute your mom's money whenever probate is over?
Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.
Oldest brother is executor of family estate however he is ill and the remaining 4 siblings want to assign the decision making regarding heir property to next oldest brother What do they do to transfer?
There is no executor until one is appointed by the probate court. You need to petition the court that appointed your oldest brother as executor and request he be removed and a successor appointed. Then, the estate should be settled and the property distributed as provided in the will.
If I die Does the executor of estate supersede my husband if his name isn't on the property?
A testator chooses an executor to take charge of and settle their estate after they die. The executor must file the will in probate and must be appointed by the probate court. The executor has no legal power until they've been appointed by the court. The court generally will appoint the executor that was named in the will unless someone files a legitimate objection. The executor has nothing to do with your husband's right to inherit from your estate. If you die owning property in your own name, and you don't live in a community property state, the property will be distributed according to your will, or, if you have no will, it will be distributed according to the state laws of intestacy. You can check the laws of your state at the related question link provided below.
Who is best for executor?
You can find an excellent article about what to consider when choosing an executor at the link provided below.
Can a witness be the executor as well?
In the UK: Yes. Provided they have nothing to gain from the Will.
Can an executor get a copy of the will before the maker's death?
No. Not unless it is provided by the testator.
Can an executor deny a beneficiary access to financial accounts?
Generally, the beneficiary has no right of access to any accounts of the decedent. Only the court appointed executor has access and only when she/he has presented the Letters Testamentary that were issued by the court to the financial institution that holds the account. The duly appointed executor has authority over all the assets of the decedent. No assets can be distributed until the creditors have been provided with their statutory period during which to make a claim. After that period has passed the legacies and shares of any intestate property can be distributed. The executor can and must deny access to any accounts to anyone until the probate process has been completed. Remember that no one but the appointed executor has any legal right to access accounts that are in the name of the decedent. The executor must close the accounts and distribute the proceeds according to the will. That takes time. If the point where distribution can be made has been reached and the executor is not performing their obligations in a responsible and timely manner the beneficiaries can complain to the court.
What is the name of the court petition to remove an executor of a will?
To remove an executor from an estate a petition must be filed. Then there has to be reasoning provided either ineligibility or misconduct. All this must be provided to file in order for a representative of court to review and make a decision.
Why isn't there enough water for everyone?
there is provided it is equally distributed
Can an executor force a beneficary to release monies left to them?
The monies are not the property of the beneficiary until the executor has released them. Any assets of the deceased have to be provided to the executor for inventory and valuation. Only once the debts have been settled can things be released.
How do you get the house in the name of your deceased wife transferred to you when the executor of my wife's will refuses to go to probate?
You should consult with an attorney and file a petition to be appointed the administrator of your wife's estate as though she died without a will. Her heirs-at-law will be notified of the petition and be provided with an opportunity to object. If there is a will then the person who has it will likely produce it. They may then file it for probate. You would have a viable objection to the appointment of the named executor in that will since they have already displayed evidence that they would be a hostile executor. You could petition to be appointed the executor. If the will is not produced then the estate would be distributed according to the intestacy laws of your state. You would reveive a share of your wife's property by law. You can check the laws out at the related question link provided below. You should contact an attorney ASAP.
What can be done if the executor takes estate property from the state where the estate is being probated and removes it to another state?
The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.Of course, it depends on the details and you have not provided any.The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.Of course, it depends on the details and you have not provided any.The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.Of course, it depends on the details and you have not provided any.The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.Of course, it depends on the details and you have not provided any.
