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In that sense, it is the executor's decision and will to be the executor. Were it not his will, he would not act as executor. However, it is in the hands of the executor to allow another's will to be his own. The executor then becomes nothing other than that of a servant. The question would then become, "Does the servant honor his master's wishes?" Truly, it is not his wish. No matter what, the executor acts in accord to what he serves. Whether he serves "the will" of some other person, or the will of his own, or even another's will that is different from the one he should execute, he is executing. All are servants to something or someone. Whether it is to oneself or to something or someone else, all serve. An executor must execute, else he is not an executor. ANOTHER WAY OF LOOKING AT IT... Yes, an executor may not believe in what he is doing. He may disagree with anything and still do it. Should a person do something that he or she should not believe in? Should a person do something with which he disagree? One must ask why he disagrees with it. If he truly does disagree with it, then should that person execute? One should always stand up for what is good and right, so it makes sense that if there is any injustice in an execution that the executor should in fact not execute. To come back to the point, an executor may disagree with the will. He should not in good conscience, execute if he, in fact, did disagree with said will. Thank you and good night.
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∙ 16y ago
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Who has the final say on an estate when the executor disagrees with 11 other siblings?
The court appointed executor has the responsibility and the authority to settle the estate according to the provisions in the will, the probate laws and the laws of intestacy. However, if 11 of the heirs disagree with a decision the executor has made then they should submit a motion requesting that the court hear their objections and issue a ruling on the matter.
What is insolve?
The executor is responsible for presenting a schedule to the court on how the money available will be dispersed. The judge will either agree to it or disagree, but therer is no reason why the executor can't get a fair share of the money compared to the others. Perhaps the estate will pay 20 cents on the dollar to all the debtors.
Can you hire an attorney to challenge an Executor's decision regarding the estate?
In the United States you can if the executor is not performing the functions of an executor properly. An executor can be sued to either remove him as executor, to surcharge him for losses he may have caused to the estate or to force him to do what he is supposed to, like transferring assets. If an executor causes monetary losses to the estate, he can be sued to make him reimburse the estate for the losses either from his own pocket or from his statutory commissions. All states in the US have statutes that govern the duties of executors and spell out the remedies beneficiaries and third parties have.
Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
What is the difference between co-executor and independent co executor?
What is the difference between an independent co-executor and a co-executor
Can an executor be beneficiary of a will in CT How can an executor be removed by an heir?
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
Can wife be executor of will?
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
Can a beneficiary force the sale of a property when executor years ends if the other beneficiaries disagree?
Type your answer here... Can a beneficiary force executors to wind up an estate, or ask them to buy him out in respect of a property being involved
When a will is set up or changed does the executor have to sign the will?
The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.
If the executor of a will dies would that person's next of kin automatically become the executor?
No. If the executor dies the court must appoint a new executor.
Does the executor work for the beneficiary?
No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.
How do you calculate executors compensation when you are also a beneficiary?
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
