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Answered 2009-04-09 23:30:35

Only if taken with power of attorney prior to death or as a joint owner of the account (and surviving owner after death). Otherwise, the bank transaction is void as against the estate and the bank should be notified to collect the misappropriated funds from the person prematurely claiming powers that can only be appointed in probate court.

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Do you have to go through probate in Oregon if there is a will that appoints an executor?

Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.


When a person with a reverse mortgage dies can the executor give the house to the reverse mortgage company?

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What is a probate certificate?

A probate certificate most likely refers to the documents that a probate court issues to the executor that certifies that the will has been probated and that the particular person is the executor. The purpose of the certificate is to prove to financial institutions that the will has been probated and that the person named executor in the will is the actual executor and has the right to handle the estate. These documents are referred to as Letters Testamentary and usually the court will issue as many copies as the executor needs to handle the estate.


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.


Can a Michigan resident be executor of an Ohio will?

Probably. Where the will was executed is irrelevant. The only issue is where did the testator die? If the testator died as a resident of Michigan, the will has to be probated in Michigan. If the testator died as a resident of Ohio, the will has to be probated in Ohio. If the named executor, or the person to serve as executor with the will annexed in the absence of the named executor, is not an Ohio resident, s/he may have to designate a "resident agent," usually the lawyer handling the estate.


If a person leaves a house to someone in a will can the beneficiary move in right away or have to wait for the probate court to approve the will?

Not only does the beneficiary have to wait for the probate of the will, but will most likely have to wait until the executor is satisfied that the house does not need to be sold to pay any debts of the estate. Until administration of an estate is complete, the executor has the right to possession of all estate property, including the house. If the executor wants to, he/she can let the beneficiary in the house. But even there, the person appointed as executor has no power to allow that until the will has been probated. This is because that person has no power to act as an executor until the will is probated.


Can cd's be cashed in that belong to a dead person before the will is probated by the executor?

Most states require filing of probate as a first step in appointment of the executor, which then gives the executor the power to collect and appraise the property of the estate and liquidate the portfolio for distribution.It depends on what you mean by "probated." Probate includes the entire process, which can last for years, until all assets are distributed. "Before the will is probated" could be taken to mean "before probate is filed", or "before everything required under probate is completed."So, technically yes, if the latter, because an executor has the power to do that DURING the probate of an estate. However, if the probate has not yet been filed, nobody has the power, as it died with the owner. Many elderly have ownership of such things placed into joint tenancy with right of survivorship, so that another person can immediately access the funds without probate.


What is the time limit to probate a will in Alabama?

After a person dies with a will and the estate is probated how long does the executor have to wait until assets are distributed to the beneficiaries?


Must will be probated to become an executor?

In the United States an executor must be appointed by the court. In Canada an Executor can be assigned through the will by the deceased. The executor must prepare all the documents and perform all the due diligence prior to the estate being granted probate by the courts. The executor is the designated person who handles all the affairs of the deceased and is the liaison person between the beneficiaries and the lawyer.


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.


What are probate documents?

Probate document usually consist of a certified copy of the will that was admitted to probate, Letters Testamentary and certificates attesting to the executor's appointment. Letters Testamentary is usually a single page document that states the the will has been probated and that the person named in the Letters has actually been appointed by the court to be the executor and now has legal authority to act for the estate. The certificates are more documents that also attest to the named person being te executor. These certificates are generally given to banks or other holders of the decedent's assets before that bank or holder will turn over the decedent's assetts to the named executor. No bank will give another person the decedent's money even if that person brings in the decedent's will and shows that he or she is the named executor. That person may not act as executor until the will is actually probated and the person formally named by the court and the "probate documents" are what proves that.


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

contact the person named as the executor (the person responsible for seeing that the will is probated). He / she is charged with the fiduciary duty to insure that all aspects of the will are carried out according to the wishes of the deceased person.


Can a will be changed by executor before death?

The executor cannot change the will. Only the person who wrote it can legally change it.


Do all heirs have to be present in court for a Will to be probated?

No. Generally, the probate procedure allows the intended executor to circulate an assent for to all the interested parties to sign whereby they each consent to the appointment of the executor. In most cases, the executor doesn't have to appear at the hearing in person. Once the proposed executor submits the Will, a petition for probate and the assents of the interested parties, the judge reviews the documents approves the Will and appoints the executor. Parties need to appear in person when an objection to the allowance of the Will or the appointment of the particular executor has been filed in the case.


Can assets be transferred to avoid probate?

Yes. Assets can be transferred by a person before they die. That is called estate planning and you should seek the advice of an attorney who specializes in that area of law. Once a person has died their estate must be probated if they owned probate assets such as bank accounts, investment accounts and real estate.


Can an executor appoint a power of attorney?

An executor isn't official until they have been appointed by the probate court. 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. You should ask the attorney who is handling the estate. An executor of a will cannot give a Power of Attorney to another person regarding his responsibilities under the will. If the executor dies while in office the court must appoint a replacement.


Can an executor remove property before the person dies?

1. They are not an executor if the person still lives. 2. Until the court has issued letters of authority, they have no legal standing.


Where do you get a copy of a deceased's will?

If the will was probated you can obtain a copy at the court where the will was probated. If it was not probated you must request a copy from the person who has the will in their possession.


What is evidence of probate of a will?

Evidence of probate of a will comes in the form of a judgment or order for probate and documents called Letters Testamentary. Letters Testamentary are issued by the court that admitted the will to probate. They usually state that the will was admitted to probate on a certain date and name the person who is serving as executor. The Letters will usually have an official stamp or seal of the court that probated the will so that parties dealing with the executor on behalf of the estate can be assured that the person acting as executor is in fact the legally appointed executor.


How does a deceased person sign a Quit Claim Deed?

They cannot. Their estate must be probated and the administrator or executor of the decedent's estate, when they have been legally empowered to do so, must execute a deed from the estate..


If a person has no property is an executor needed?

That will depend on whether the estate has debts to be resolved. It may be a good thing to get debtors to close out accounts.


Can a person who is not appointed executor but his attorney tells him to close out accounts?

He can if the accounts are joint accounts and he is the joint account owner. However, if he was the joint owner for convenience purposes only the other heirs should seek their share of the funds.


What happens if the person granted power of attorney as well as executor dies before the grantee?

In that case the person still alive should find another person to give power of attorney to and appoint a new executor.


Can a executor read a will before a person dies?

The executor has no right to see the will prior to the death of the testator. The testator may provide the named executor with an unsealed copy or allow the named executor to read the will but that would be entirely voluntary on the part of the testator.


Can the executor charge rent to a person that was living in the home before the death of the owner?

Yes.