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Can the executor of a will in Florida charge for doing their duties?
Wiki User
∙ 11y ago
Yes, the maximum is proscribed by law.
Wiki User
∙ 11y ago
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Will it be seen as mala fide if an executor did not do a testamentary capacity test when doing a last Will for a seriously ill dying person?
The executor has no standing or duties while the testator is living. The person helping to create the will should evaluate their capacity.
Can Florida charge you with another charge after doing time for one charge for the same crime?
If the charge is related to the same crime but a different offense, yes, they can.
After an estate is closed how long does it take to get your money?
The length of time for probate vary by county and state to state. But, mostly it depends on the executor as to how efficient they are in doing their duties after the probate process is complete. Find out who the executor (or admnistrator) is and ask them how long it will be before they start distributing the estate. ( You can find out who the executor is by viewing the will at your local Probate Court.)
What recourse do the heirs have when the Propriety has sold the money is in the bank but the executor refuses to distribute the money to the heirs?
If the period during which creditors can make a claim has passed, generally, the heirs can submit a motion to the court to compel the appointed executor to make distribution. The executor has a legal obligation to perform all their duties in a timely manner. If the executor isn't doing that then complain to the court or to the attorney who is handling the estate.
What is an Executor's commission?
A reasonable fee an executor can charge for doing all the work (and there can be a lot of it) in executing a will. This fee will be on top of any expenses and will come out of the estate before any inheritance payouts. Heirs should be able to see what the expenses and commission are, should they wish to do so - it is the duty of the executor to keep detailed records/accounts.
Can the executor of a will do whatever they want?
An executor is not allowed to do whatever they wish unless that power was specifically granted in the Will. An executor has absolutely no power until the Will has been filed for probate and the court has appointed the executor. Once appointed the executor has the authority to settle the estate according to the provisions in the will and according to the state probate laws under the supervision of the probate court. Any misbehavior should be reported to the court and the executor may be held personally responsible for any breach of their duties.
What is the responsibility of an executor in a will?
An executor is the person (or people) who is/are responsible for settling the details of a deceased person's estate (ie debts, taxes, cost of the funeral arrangements and applying for a grant of probate) and after all the above are settled, distributing the residue of the estate as laid down in the will. The executor could charge a fee for doing this job and should keep good records of what has been done
What does you shirk your duties mean?
It means to avoid doing your duties
Is there any way to get a executrix executor removed from that position if causing trouble?
Yes there is. An Executor (male) Executrix (female) who is doing a poor job or cheating or stealing from the said property of the deceased can indeed be taken off the Will, but you will have to see a lawyer about this and prove it. Be very careful with this accusation and learn about Probate, and what the duties of an Executor/Executrix. You can find out by going on www.google.com and asking "What are the duties of an Executor regarding a Will?" Here is a quick scan over what their duties are (I've done it.) For instance, if there are 2 or more heirs in the Will, they can vote re ousting out the Executor/Executrix. **If the heirs are the children of the deceased they have the right to go onto the property and retrieve any personal effects of their parent(s). The Executor/Executrix cannot stop this! DUTIES OF EXECUTOR/EXECUTRIX Once the person is deceased the Executor/Executrix has the right to pay off things like funeral costs, etc., and small bills such as Hydro, electricity, phone, cable, outstanding charge card balances, etc. However, they MUST KEEP RECORDS! Then the Will goes to Probate. Probate makes sure that all house/personal taxes are paid as well as any other outstanding debts such as mortgages, back taxes on home/property, etc. If the Estate is small to average the Executor/Executrix has the right to either do this on their own (you can get the forms) and it's much cheaper and usually quicker than a lawyer doing it and not as hard as lawyers would have you believe. If the Executor/Executrix decides to this they have to account for everything in the said Will and ALL expenses they have had since that person's death. The Executor/Executrix can sell the home, but should give the heirs a chance to decide if one of them wants to buy that house or property outright. Once the house/property is sold that money goes back into the Estate and divided according to the wishes of the deceased. The Executor/Executrix can also sell a car, motorcycle, boat, etc., but, if one of the heirs would like to buy it they should have that option and proceeds go back into the Estate to be equally divided by the said heirs. THE EXECUTOR/EXECUTRIX CANNOT CHARGE GAS, USE ANY MONEY FROM ANY ACCOUNT OF THE DECEASED FOR THEIR OWN PERSONAL GAIN ... SUCH AS BUYING SOMETHING FOR THEMSELVES. In some Wills a person will leave anywhere from 2% - 5% or possibly more of the entire Estate to the Executor/Executrix for their time and effort. If it isn't stated in the Will, the heirs don't have to give them anything, but should if they feel a good job as it can be time consuming processing a Will. Usually 3% is fair, but depends if it's a small or large Estate. I would highly suggest you see your lawyer. Good luck Marcy * Probate laws differ in each state. Therefore not all such acts noted are legal in all US states. For example, in many states no property regardless of what the item may be can be taken, sold or distributed until permission is granted by the probate court. In other states any property that is exempted from probate can be distributed to family members or heirs as it is not subject to creditor action in case of outstanding debts. In most US states the only way an executor, executrix or personal representative can be removed is by a bringing suit in probate court charging said persons with misappropriation and mishandling of the estate. Removing a fiduciary is damaging to the estate and is rarely allowed by the court. And of course the accused party has the right to defend themselves and so on and so forth, in other words it is time consuming and usually very expensive. This is the reason it is not prudent to waive bonding of an executor or executrix even if the grantor prefers to do so.
What is an commission?
A reasonable fee an executor can charge for doing all the work (and there can be a lot of it) in executing a will. This fee will be on top of any expenses and will come out of the estate before any inheritance payouts. Heirs should be able to see what the expenses and commission are, should they wish to do so - it is the duty of the executor to keep detailed records/accounts.
Can you being the second executor fired the first executor for not doing what he supposed to?
Only the court can remove them. You can petition the court to have it resolved. They may appoint a third party.
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