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Can an uncle who is executor and trustee allow his wife to take personal belongings of the deceased prior to the beneficiaries?
Wiki User
∙ 14y ago
No. Not unless his wife is a named beneficiary. If he is allowing estate or trust property to be converted he should be reported to the court and removed from his position as executor/trustee ASAP. If he has illegally removed property it should be replaced.
Wiki User
∙ 14y ago
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Who is responsible for registering property left in a will?
The executor or personal representative named in the will is responsible for registering property left in a will. They are responsible for transferring the assets from the deceased owner to the intended beneficiaries according to the wishes outlined in the will.
Can an executor spend inheritance money with out consulting the beneficiaries when those beneficiaries do not know the valuje of there inheritance?
The executor can use the money for the benefit of the estate, not for their personal use. They are entitled to payment for their services.
If a former patient is deceased which of the following is true?
The executor administrator or personal representative may release the recordsThe executor, administrator, or personal representative may release the records
How do you get a court order as POA to get your fathers personal belongings?
Only a live person can award a POA. The courts cannot. Unless an Executor has already been named they might be able to give you the title of the estate's "personal representative" but the two of you cannot be in conflict and the Executor will dispose of the deceased's estate in accordance with the will and/or the court's order. Check with your local Probate Court.
Can a person be an executor to the estate he owes money to?
Yes. Nothing prohibits a testator from choosing a person as his or her executor simply because there is a debt between them. In the matter of who is to be the executor, courts go to great lengths to honor the wishes of the deceased. The beneficiaries will be able to challenge in court the manner in which the executor handled repayment. An executor might be held to a higher standard of proof if he or she disputes the claim in full or in part than any other creditor might be held to. In other words, although it appears that there is a conflict of interest in the executor handling his/her own claim, there are remedies available to beneficiaries to ensure proper handling of that claim that do not thwart the decedent's personal choice of the person to be the executor.
What constitutes an estate in wills and probate?
All of the assets belonging to the deceased. That would include all property rights, personal belongings, money and investment instruments. The Executor also has to include all gifts given in the last two years prior to death.
Should a solicitor notify beneficiaries if an executor owes money to the estate?
Generally, an executor is in a fiduciary position and thus prohibited from using the assets of an estate for personal use. It should be reported to the court immediately.
If a deceased paid no business or personal taxes will that come up in probate?
In most cases that will be a responsibility of the estate. The executor is supposed to file taxes for the deceased and the estate.
What is the procedure taken by an executor to negotiate with the beneficiaries of a will because some beneficiaries want a more fair deal according to them?
After the will has been allowed and the executor has been appointed by the court the executor is obligated by law to carry out the distribution as set forth in the will by the testator. The executor has no authority to change any provisions that were made by the testator unless that power was also granted in the will. There is no "procedure for negotiating" with beneficiaries who want a "more fair deal" than was provided by the testator. The executor needs to seek some advice from the attorney who is handling the estate. The executor needs a primer on their legal obligations and personal liability if they overstep their authority and decide to operate outside the probate laws.
Who receives deceased parent personal belongings at the hospital?
Generally the hospital will turn over any belongings to a spouse or a blood relative. If the estate goes through probate the items will have to be accounted for.
Sister is not letting me see bank statements or personal paperwork of my mom. I am also executor of will.?
Is your mom deceased? Then file a motion to remove her as executor or for an accounting. Is your mom alive? Talk to your mom.
What does Issuance Of Letters Testamentary mean?
Issuance of Letters Testamentary is a legal document issued by the court that authorizes the executor or personal representative to administer the estate of a deceased person according to their will. It gives the executor the legal authority to manage the deceased person's assets and carry out their wishes as outlined in the will.
