No, the job of the executor is to follow the directions of the will in settling the deceased's estate. Only a court can change a will.
The executor of a will typically does not have the authority to remove a trust unless specifically granted that power in the trust document or by a court order. Trusts are separate legal entities with their own set of rules and provisions that usually require specific procedures to be followed for any changes to be made. It is recommended to consult with an attorney for guidance on this matter.
No, an executor and a trustee are not the same. An executor is responsible for managing the deceased's estate and ensuring the terms of the will are carried out, while a trustee manages assets in a trust for the benefit of the beneficiaries during the trust's duration.
If you don't trust the executor of your grandmother's will, you can raise your concerns with the probate court overseeing the will. They can investigate any misconduct or breaches of fiduciary duty by the executor and may remove them if necessary. It's crucial to gather evidence and seek legal advice to protect your grandmother's wishes and assets.
In California, if the trust clearly designates an executor, the court generally does not need to appoint one. However, in some situations, such as disputes or issues with the designated executor, the court may become involved. It is advisable to consult with a legal professional to ensure that all requirements are met.
No, an executor of a trust is legally obligated to distribute the assets according to the terms specified in the trust document. Taking more than their entitled share would be a breach of their fiduciary duty and could lead to legal consequences.
In Florida, an executor does not have the authority to sell trust property. This responsibility falls to the trustee, who must follow the terms of the trust and state laws when selling trust assets. It is important for the trustee to act in the best interest of the beneficiaries and seek legal advice if unsure of how to proceed.
A trust doesn't have an executor. A trustee manages a trust according to the provisions set forth in the instrument that created the trust- the Declaration of Trust. You need to review that declaration to determine what the trustee can do and how.
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
Look to the instrument that created the trust for instructions for appointment of the successor trustee. Co-executors are not appointed for a trust, they are appointed by a court. You would need to petition the court to remove a co-executor.
A trust doesn't have an executor. It has a trustee. The trustee manages the trust according to the terms of the trust.
Trusts are managed by TRUSTEES not executors. You need to look to the language of the trust to see how a trustee can be removed. If there is no provision in the trust you will need to petition the court to remove the trustee and appoint a replacement.
A revocable trust has a trustee not an executor. If you want to know something about the trust you would need to ask the trustor. The trustor is the person who created the trust to hold title to their property.
Depends on the case. In the irrevocable trust or a trust after the person dies neither are revocable. If the executor doesnt act properly they can be removed by a judge. Once all of the funds are giving out of the will there is no longer a executor.
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.
First, the person with the legal authority to deal with trust property is a trustee. You need to review the terms of the trust for provisions that address removal and appointment of trustees. If there are no provisions in the trust then you would need to bring an equity petition in the court of jurisdiction asking the court to remove the trustee and appoint a successor.
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
No, the executor cannot sell property that is in a trust.First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.
You select a person that you trust. Often people will make their spouse or sibling an executor. Others prefer to leave it in the hands of a bank or lawyer.