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If the executor is not performing his/her duty according to the will then you should immediately file a motion with the court to have him/her removed. State in your motion the damages that have occurred due to the misbehavior of the executor. You should contact the attorney who is representing the estate for assistance.

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15y ago
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Bob B

Lvl 1
3y ago
how can deceased 'file a motion' ?

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Q: Can an executor be legally charged for not following the wishes as laid down in the will?
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If the Executor is not following deceased wishes as to the ashes as stated in his will-is this a criminal offense?

The executor should be reported to the court that made the appointment. The executor should be removed for a breach of their fiduciary duty. The court can appoint a successor trustee.


How do you use the word executor in a sentence?

THe executor helps deliver the wishes of the will.


Can legal action be taken against an executor of an estate if he does not follow wishes of heirs?

The executor is required to execute the terms of the Will, or follow the laws of intestacy (if there was no Will), not comply with the wishes of the heirs.


Can an executor follow verbal wishes as well as last will wishes?

maybe, it depends what you wish for :P


Can a executor change a will after parents death?

No, the executor is responsible for carrying out the decedent's wishes as spelled out in the will, but the will itself cannot be changed.


How do you receive money left to you in a will?

You can receive money left to you in a will by following the instructions laid out in the will, such as contacting the executor of the estate or the probate court. Once the will has been probated and any debts and taxes have been paid, you should receive your share of the inheritance as outlined in the will.


What rights have as beneficiary in will when not the executor?

All the rights required. He or she does not need to be an executor to receive any bequest. It is the responsibility and legal duty of the executor to carry out the wishes of the deceased.


What if the father IS NOT the executor in the mothers will?

Then someone else is and must follow the wishes of the deceased.


Best describes the person who oversees the reading of your will and ensures your last wishes are followed?

executor


What best describes the person who oversees the reading of your will and ensures your last wishes are followed?

executor


What is role of executor?

The executor of a will is the person responsible for making sure the wishes of the testator are carried out. They are responsible for paying off the debts and distributing the assets. They also have to pay taxes and file the appropriate reports with the probate court.


How do you find out if your in a will?

When you are a beneficiary in a will you are contacted by the executor of the will as it is their legal duty to carry out the wishes of the deceased and to show that all wishes have been met to the court before they can receive their payment