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Can the executor disperse money to those persons in the Will without a lawyer?
Wiki User
∙ 13y ago
The executor has no authority to access any accounts until they have been appointed by the court.
Once the executor has been appointed by the court they must settle the estate according to the provisions in the will and the state probate laws under the jurisdiction of the probate court. If the executor doesn't follow state laws they will be personally liable for any errors. One of the most important rules to follow is that the debts of the decedent must be paid before assets can be distributed to the heirs. An estate should be supervised by an attorney unless the executor is familiar with probate law.
Wiki User
∙ 13y ago
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do you have to have a lawyer to probate a will if the will dictates who is teh executor ?
If you already have a named executor, there is no need for a lawyer.
Can a power of attorney disperse money from a will or does a lawyer have to do it?
A Power of Attorney has no rights to do anything with the estate. Any power of attorney that existed became null and void at the death of the grantor. The executor distributes the estate.
Can a lawyer of that persons will be on there?
Can a lawyer be on my grandmas will
Is it common for the lawyer to be executor of a will?
It is often the attorney who is named executor of a will. This prevents the family from fighting over how things are done. Banks are another common executor.
Can a lawyer keep a will from someone?
Lawyers have specific instructions and regulations regarding who they share the contents of the will with. After someone dies, the contents are shared with the beneficiaries and interested parties only. The above answer is correct, so here are just a few details for which the answer was flagged: Before the testator dies a lawyer can keep a will from everyone except the testator if the testator wants it back. After the testator dies, a lawyer can keep a will from everyone except the named executor or other person who has the first obligation to probate the will. After the testator dies, a lawyer representing an executor can keep a will from everyone, even beneficiaries, if the executor directs the lawyer to not to give it out. The lawyer has to go by the client's directives, even though they may be misguided. The lawyer will tell the executor that it is the executor's obligation to give the will to beneficiaries; but it is the executor's obligation to give out the will. The lawyer does not act independently of the executor. Lastly, there is no "law" that specifies whether a lawyer can or cannot keep a will from someone. The above two answers are what I believe to be accurate interpretations of a lawyer's obligations on client confidentiality and scope of authority in representing a client.
When an executor of a will dies who replaces them to find lawyer for probate?
The court will appoint a new executor. Consult a probate attorney and they will help you get it resolved.
What happens in Missouri when the executor of a will is incarcerated?
The court will not usually appoint someone to be an executor if they are incarcerated. The court can appoint anyone as the executor and will often appoint a bank or lawyer to take care of the estate.
What happens in Texas when the executor of the will was incarcerated for a felony?
The court will not appoint someone to be an executor if they are incarcerated. The court can appoint anyone as the executor and will often appoint a bank or lawyer to take care of the estate.
What is the role of a people's lawyer?
The role for a persons lawyer is a friend and a protector
Is it illegal for an executor to withhold the name of the lawyer handling the estate from a named beneficiary?
yes
Your father died without a will in Ky and your step brother is executor of his estate and you think the amount he sent to you may not be fair?
If your step brother is named the executor of your father's estate, he can divide things up as he sees fit. If you really think he is being unfair, you can get a lawyer and take him to probate court.
Can an executor of a will be pro se?
Yes. I was the Executor of the estate of my life partner of 29 years and functioned Pro Se. Did all accounting, prepared and filed all required Probate forms without an accountant or lawyer. In the State of Ohio, the Probate Court is restricted from providing legal advice to the Executor and will suggest you consult an attorney for any advice. BWH in Dayton, OH
