Yes. However, the will must be drafted by a professional to make certain it meets all the legal requirements in the state where the testator resides. Drafting errors may result in the will being declared invalid and the estate will be administered as an intestate estate.
Yes. However, the will must be drafted by a professional to make certain it meets all the legal requirements in the state where the testator resides. Drafting errors may result in the will being declared invalid and the estate will be administered as an intestate estate.
Yes. However, the will must be drafted by a professional to make certain it meets all the legal requirements in the state where the testator resides. Drafting errors may result in the will being declared invalid and the estate will be administered as an intestate estate.
Yes. However, the will must be drafted by a professional to make certain it meets all the legal requirements in the state where the testator resides. Drafting errors may result in the will being declared invalid and the estate will be administered as an intestate estate.
In the US: It is not required that a will be read by a solicitor/attorney. An Executor -an heir - or a Trustee - may fulfill the duty.
A trust doesn't have an executor. It has a trustee. The trustee manages the trust according to the terms of the trust.
Yes, an executor of a will in Queensland is also considered a trustee. The executor's role includes managing the deceased's estate and distributing assets to the beneficiaries in accordance with the terms of the will, which involves acting in a fiduciary capacity similar to that of a trustee.
A trustee is an officer of the court. And is bound by state laws and court procedures. If the estate/trust is being held, it is due to the action of the court of jurisdiction, not the trustee. An heir can petition the court for a change in executor. They can also ask for a full accounting of the estate. If it is clear that they are dragging things out, perhaps to pad their bill, the court can replace them.
No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.
The heir's cannot appoint an executor. They can recommend one to the court, but the court decides.
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
To accomplish this you must have a copy of the will or trust. Whoever is an heir may file a claim with the company holding the stock with the proof of the will or trust. One must note that it is the job of the Executor and or Trustee to do this. If you are not an heir then you have no entitlement to said stock.
An heir may decline to accept an inheritance. The executor then has to distribute the assets per the will.
No. An executor settles an estate according to the provisions in the will. A trustee manages a trust according to the provisions in a trust.A trust may be set forth in a will. In that case the will must be probated with the executor in charge of the probate of the will. Once the probate process is completed the court will allow the trusteeship and officially appoint the trustee. Then that trustee will manage the trust according to the provisions set forth in the will.
It all depends on the provisions in the will.If (1) the "heir" is a beneficiary of a testamentary trust; and, (2) the "heir" "inherits" the property through a distribution from or of the trust res by the trustee, and, (3) the provisions of the trust instrument or will provide that the trustee has the power to do so; and, (4) the rights of the beneficiary terminate with the exercise of this power by the trustee as provided for in the trust instrument or will, then yes.
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.