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The estate does not exist if the person is still living. The executor has no authority until appointed by the court.

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Q: Can the executor request an inventory of the estate prior to the death of the individual if a relative is living in the house and the will writer is declared incompetent?
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When an elderly has been declared incompetent dementia can the change the executor?

It is called 'Power of Attorney' when a person is still living, but unable to make their own decisions regarding money or medical matters. No, the elderly person if found incompetent cannot change the executor in the Will. If for instance the executor is John Doe, but Power of Attorney is Jane Zero then Jane Zero will be the one making decisions over money and medical matters according to the elderly person's Will. One can hire a lawyer to see if there are any legal loop holes to change things around should there be any problems protecting the elderly person as the Power of Attorney or Executor as it stands to date.


Is an executor allowed to bar access to a home?

The executor is responsible for the estate's assets. This means making a complete inventory of the house. The inventory must then be submitted to the court. They can protect the assets by preventing access to the home.


Can the executor change any legal information or bank information if the person is considered incompetent?

The executor has no power over a living person. They could be appointed conservator by the courts and have the ability to do so. The executor is only appointed after the death of the testator.


What is statutory inventory in a will?

The court appointed executor must file an inventory of the estate with the court. Once the debts have been paid and the remaining estate has been distributed the executor must file a final account to show the disposition of the assets that were reported in the inventory. The court will compare the two documents and either allow the final account and close the case or ask the executor to provide more information.


Can a house be emptied by an executor before the will is read?

There is no formal reading of the will. The executor must inventory and value all assets of the estate. They have to provide an accounting to the court.


A person appoints a child as executor of the estate. is executor of estate required to list assets after that person dies?

That is one of the duties of the executor. They have to inventory the assets and debts of the estate. Then they will be able to liquidate the debts and distribute the assets.


Can executor who has grant of probate distribute the estate between other executors and beneficiaries?

That is the job of the executor. They have to inventory the estate, value the property, resolve debts and then distribute the remainder.


Does an heir sibling to an estate have a right to enter estate after death of a parent if they are not the executor?

They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.


Is it mandatory to file an inventory with probate court fl?

Yes an inventory is part of the required duties of the executor. A full accounting of all assets and debts is required.


Can an executor force a beneficary to release monies left to them?

The monies are not the property of the beneficiary until the executor has released them. Any assets of the deceased have to be provided to the executor for inventory and valuation. Only once the debts have been settled can things be released.


What if an executor of an estate does not meet their deadline to perform an evaluation of the estate?

Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.


A person is appointed as an executor of dec estate.If that person then becomes incompetent to manage his affairs and an administrator is appointed by vcat can that person take over his fiduciary role?

The duty cannot be transferred in that manner. The court has to appoint a new executor.