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An executor's powers are limited to that mentioned in the will. If it is impossible to carry out the will, then probate court permission will be required.
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∙ 12y ago
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Should debts be paid before executor gets their fee?
It will depend on the estate. The executor is entitled to their fee by law, and that can take precedence over debtors.
What to do when your brother passes as an executor?
Have a new executor appointed by the court, which could be you. That person will then take over the duties and execute the will. The court can appoint an attorney or bank to serve.
Can an executor sign over executor-ship over to someone else?
No. The executor would need to file a resignation with the court and the court will appoint a successor.
When an executor can no longer act what needs to happen for the next person in line to take over?
The executor must resign in writing or be removed by the court and the court must appoint a successor.
Can executor appoint a representative?
Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.
If the executor of an estate doesn't fulfill his duties because they can't be bothered with it does the 2nd executor automatically take over If so what if 1st decides they want to again?
The court issues a letter of authority to the executor. If they haven't applied or decline it, they are not on the letter.
What if the deceased did not own their car and the executor would like to take it over?
The estate can sell the car to the executor. They will have to demonstrate to the court that they paid a fair market value for the vehicle. Essentially, the executor pays the estate for the car and the estate settles the car loan.
If the executor has died what happens now?
The court must be notified of the death and a new executor must be appointed. You should speak with the attorney who is handling the estate.
Who advises you over a bequest in a will?
the executor of the will
What is Alabama state law on the power of Executor over the beneficiaries?
The executor has no power over the beneficiaries. The executor is responsible to the probate court for the administration of the estate. They must make a full accounting to the court.
Can executor of a will take others out?
The executor cannot change the will. They have to execute the will as it was written and as modified by law.
Is it common for the lawyer to be executor of a will?
It is often the attorney who is named executor of a will. This prevents the family from fighting over how things are done. Banks are another common executor.
