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Can the executor of a will refuse the beneficiaries a breakdown of all details regarding the will?
Wiki User
∙ 13y ago
Generally, no. An executor has no authority until the will has been submitted to probate court, proved and allowed, and the court has officially appointed the executor. Once a will has been filed for probate it becomes a public record and anyone can go to the court, request the file and review the will and any other filings. An executor should not be secretive about a will or their actions in settling the estate.
Wiki User
∙ 13y ago
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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.
How can the beneficiaries remove the executor of an estate?
If the beneficiaries of an estate want to remove the executor, they will first need a very good reason for doing so. In most jurisdictions, it will require a court action. It is best to retain a lawyer to do this.
Is it illegal for one member of family to withhold insurance policy details of deceased mother from siblings?
The information should be available to all family members who are the beneficiaries of the policy or are affected by the probate of the deceased person's estate. If the person withholding the information is the Executor of the estate, that person does not have the right to withhold this knowledge from the beneficiaries of the policy. Notify the probate court of this,
Can beneficiaries to a trust act jointly and severally?
The beneficiaries of a trust are not usually the "actors". Acting jointly or severally generally pertains to entities that perform the same functions such as trustees. A trust can provide that the trustees can act jointly or severally. That means, one trustee can take any action allowed by the provisions of the trust without the consent of the other trustee. You need to add more details regarding how you think "jointly and severally" would apply to beneficiaries.
Can a beneficiary sue the executor after the estate has been closed?
The answer depends on the details. You should consult with an attorney who can review the details and explain your rights and options, if any.
Is trying to remove an executor from a will considered contesting the will?
Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.
There are two heirs surviving an estate who's executor has died Who is next in line if not provided for in the will The birth son or the surviving son in law or both equal?
If there are no provisions in the will for alternate beneficiaries and a beneficiary has predeceased the testator then the laws of intestacy will determine who inherits. However, if a beneficiary died after the testator then the beneficiaries portion will go to their own heirs according to the provisions in their will or by the laws of intestacy. You need to be more specific in details. You can check your state laws of intestacy at the related question link below.
Can an executor of a will accept an offer on property like a house without letting the beneficiaries know?
The executor or executrix is responsible for carrying out the wishes of the deceased. They are not, strictly speaking, required to consult the heirs as to the details of this unless the will explicitly specifies that they must. The answer, therefore, is yes, she can. If one of the heirs believes the executrix is not acting in good faith, then there are legal remedies for this; they should contact an attorney. Not taking the first offer that comes along is not necessarily a failure to act in good faith, though.
What can be done if the executor takes estate property from the state where the estate is being probated and removes it to another state?
The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.Of course, it depends on the details and you have not provided any.The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.Of course, it depends on the details and you have not provided any.The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.Of course, it depends on the details and you have not provided any.The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.Of course, it depends on the details and you have not provided any.
Can the executor sell the house without permission from the beneficiaries if there isn't a will?
That is one of the responsibility of the executor, to liquidate the assets of the estate and divide them according to his/her interpretation of the intention of the will. The executor need not ask permission of any other siblings so long as the results are anything near the original intent of the will. The executor is required to provide a full inventory and accounting to the probate court as part of the final settlement.
What is the meaning of an executor and responsibility?
An executor is the e person who is responsible for settling the details of a deceased person's estate. There can be a single executor or one or more people charged with this job. An executor can be related to the deceased person, can be a friend or a lawyer, accountant, or other professional. The main requirement is that the person chosen as executor be at least 18 years old and have not been convicted of a felony. If you have been named the executor of someone's estate, you have been given a job of great responsibility. Some of these responsibilities include: paying creditors and taxes on the estate, notifying social security and other agencies of the deceased death, canceling credit cards among other things, and distributing the assets left in the estate.The executor of an estate has tremendous responsibility from small tasks to large ones. the executor of the deceased's estate must make sure all of the deceased's taxes and debts are paid, and then distribute what is left to the appropriate beneficiaries. The executor has a "fiduciary duty" to act in a manner of good faith and impartiality in making sure the wishes of the deceased are carried out to whatever extent possible
Can an executor file a claim against the estate in Kentucky?
Yes, an executor can file a claim against the estate in Kentucky if they believe they are owed money or assets from the estate. However, they must act in good faith and comply with all legal requirements and procedures for making a claim against the estate.
