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Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?
Wiki User
∙ 15y ago
Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.
Wiki User
∙ 15y ago
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What if the lawyer is executor?
As in most things this has no simple answer. The short answer is yes, the fact that an executor is also an attorney does not disqualify him. And of course it is quite common for children to be named as executors. But being a lawyer does not necessarily make someone the best choice as Executor. Being the executor of an estate may be seen by many people as an "honor" but in reality it is a very large responsibility and can be a lot of work. Having the time and energy to do that work is an important qualification for an executor, along with honesty, fair-mindedness, knowledge of the assets of the estate, and a willingness to be bound by the wishes of the person who wrote the will. Does the son get along with the other heirs to the estate? If he doesn't you could be setting him up for all sorts of conflict with those other individuals. A more congenial person may be a better choice. In addition, although the lawyer executor may know about probate and estate work, an executor who is not legally trained can easily get professional advice on these issues.
Can a executor of an estate change or depute a beneficiary choice?
No.
Was John Cusack the first choice in The Lake House?
yes, he was but he declined
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.
Should the will be read in a church by a deacon of the executor choice?
A will may be read in church or not. That is up to the executor and the church officials. The will does not become official in the United States until it is read in probate court.
What is the minimum qualification for an executor?
The person making the choice can pick who they like so there doesn't have to be any (in most cases)
Can a executor withhold funds from beneficiary who has dementia. I have power of attorney and the executor is giving me a hard time about releasing the money to my mother?
Yes, an executor can withhold such funds, but they should be placed in trust for the benefit of the demented, perhaps under various spendthrift conditions or whatever is deemed necessary for protection of the gift. Whether the executor names you as trustee is his or her choice, but you will still have the powers of the POA once the trustees release the funds to you.
What type of lawyer will be temporary owner of belongings to protect them from family members?
It sounds like you are looking for someone to be executor of an estate. Any attorney could serve in that capacity. Another choice might be a bank. They often have departments that run trusts to protect such assets.
Who was the first choice to play johnny in dirty dancing?
Val Kilmer was originally offered the role of Johnny in Dirty Dancing but declined.
Can an executor's spouse insert themselves in executing a will?
Legally they have no standing to do so. Only the executor has the court order allowing them to act on behalf of the estate. The spouse certainly may influence them, but the executor still has to account to the court.
Can your step mother as executor do what she wants with dads property?
No. She must file the will with the probate court and request appointment as the executor. If she is appointed then she will have the authority to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. The will and probate file becomes a public record once it is filed and you can monitor her activities as executor.
How do you find out if a deceased relative had a will?
To find out if a deceased relative had a will, you can check with their lawyer, if known, or contact the probate court in the county where they lived before they passed away. You can also search their important documents or ask other family members if they are aware of a will.
