They certainly may not do so. It is a breach of their duty and could be criminal.
No! The executor of a will is responsible to safe guard the assets of the estate. They are also entitled to compensation for their services. They must give a full accounting of the estate to the probate court before it can be closed out.
George W. Raff has written: 'A guide to executors and administrators in the settlement of the estates of deceased persons within the State of Ohio, to which is prefixed a brief comment upon the statute of wills' -- subject- s -: Executors and administrators, Forms, Probate law and practice, Wills 'A guide to executors and administrators in the settlement of the estates of deceased persons within the state of Ohio' -- subject- s -: Executors and administrators, Forms - Law -, Probate law and practice, Wills
You need to inquire at your local probate court.
File for probate in the country where the bank account is held.
Yes, the person named by the deceased as administrator of the will is called the executor. The job of the executor is (out of the deceased's estate) to settle all the deceased outstanding debts and pay for the funeral. Then the executor adds up everything in the deceased's estate, pays any outstanding taxes and any inheritance taxes that may be due and presents the account of all this along with the will to a special court called a probate court. If the court is happy with what has been done the executor is then granted a probate document which allows him dispose of the remainder of the estate as the person's will instructs. Without the deed of probate, companies like banks and stockbrokers will not accept the executors instructions to do things with the deceased's property.The filing of the will is the act of presenting it (and the accounts) to the probate court.
The deceased estate is responsible for repayment of debt, with secured debts taking priority. With the exeption of property which is ruled exempt to probate procedures, assets will not be distributed to named heirs until debts are satisfied.
The executor of the estate can close and empty the bank account. Distribution will be in accordance with the will. Consult a probate attorney in your state. You have to wait until the will goes through probate.
Yes, you can request this through the lawyers. Executors (males) Executrix (female) are performing a duty and they have to account for every cent in that Estate. If the beneficiaries want to know what is going on they should not only have a copy of the Will given to them, but the Executor should be keeping some type of bookwork or journal as to what outstandings bills they are paying for the deceased. NOTE: Jewelry and personal effects of say the mother going to her daughters can be distributed before Probate. Marcy
Whomever obtains the letter of authority from the probate court.
The executors that are appointed by the court. The court will issue a letter of authority to the appropriate executor(s).
In most cases that will be a responsibility of the estate. The executor is supposed to file taxes for the deceased and the estate.
A 'deceased beneficiary' is the beneficiary of a life insurance policy or a 'payable on death' bank account who predeceased the insured or the account owner. A 'deceased beneficiary' could also be a beneficiary named in a will who predeceased the testator or who died during the probate of the estate.