You can file an objection to the appointment of the executor during the period reserved for such objections in your jurisdictions. If you think the court appointed executor is not performing their duties properly you can file a motion with the court to have the matter reviewed.
Yes. You can appear in court on the day listed in the notice (in fact you must appear that day) that the will has been presented for allowance and the executor has petitioned for appointment. You may express your objections to the court and the court will render a decision.
Yes. You can appear in court on the day listed in the notice (in fact you must appear that day) that the will has been presented for allowance and the executor has petitioned for appointment. You may express your objections to the court and the court will render a decision.
Yes. You can appear in court on the day listed in the notice (in fact you must appear that day) that the will has been presented for allowance and the executor has petitioned for appointment. You may express your objections to the court and the court will render a decision.
Yes. You can appear in court on the day listed in the notice (in fact you must appear that day) that the will has been presented for allowance and the executor has petitioned for appointment. You may express your objections to the court and the court will render a decision.
A beneficiary can object to the sale by filing his objection with the court if the executor has petitioned for a license to sell the real estate. If the power to sell real estate was granted in the will and the will was allowed then it is unlikely the beneficiary could stop the sale. She could make an objection to the court but there would need to be a good reason for the court to rule in her favor.
Yes. You can appear in court on the day listed in the notice (in fact you must appear that day) that the will has been presented for allowance and the executor has petitioned for appointment. You may express your objections to the court and the court will render a decision.
Yes you can contest a probate estate from an heir and many people do. Probate involves a lot of family feuds.
they can but if they would win or even have a case would be different matters (in UK law).
Yes, if someone such as the deceased child, wants to contest the will, he or she can do that, Anyone can file a claim with the court for monies they believe the deceased owes them.
Yes, you can contest a will. You must be a natural heir or named in the will.
If they are also a beneficiary or heir at law they can contest the Will for a valid reason.
a lawyer or judge within good reason
They may be able to contest the sale. However, the executor has the responsibility to settle all debts. The home may have to be sold to pay off the debtors.
Generally, a will contest is filed when notice has been given that someone has petitioned the court to have the will allowed and appoint an executor. An executor is not appointed until the will is allowed. If there is some dispute as to the validity of the will an executor will not be appointed until the court makes a decision whether or not to allow the will. So to answer your question, until the will is allowed by the court there is no executor. After the will is allowed and an executor is appointed, it's too late to contest the will. Sometimes information becomes available after the will has been allowed such as a later will found. That is another category of court action.
The construction of your question reveals much confusion regarding the probate process. The withdrawal of a Will contest does not make the executor the owner, it allows the court to appoint the executor. A person is not the legal executor until they have been duly appointed by the probate court. Once appointed the executor has the authority and responsibility of settling the estate without any interference by the beneficiaries.
Override? The executor of the will has a sworn duty to execute the will as written. They present the distribution plan to the court and the court approves it. They can contest the plan if it isn't equitable.
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.
The executor always has the power to make the decision. They do not need to have anyone agree with them. Though the court may be able to contest their decision.
Certainly you can contest it before and even during the probate period. The court is then likely to appoint a neutral party as the executor. They usually go with an attorney or a bank.AnswerGenerally, when a will is presented to the probate court to be proved and allowed the person making the petition is also petitioning to be appointed the executor. The court will order that notice be provided to all interested parties by mail and by publishing. If any wish to object to the allowance of the will or the appointment of the executor they must pay close attention to the date of the hearing stated in the notice. Objections must be made within a certain time period that varies from state to state. The court will hear the objection and render a decision. Once the period for objection has passed and the executor has been appointed it is too late to object to the appointment of the executor.
I would think that she cannot do what you are saying if there is a valid Will in place. So, Yes... contest it.
Executors have a big responsibility and do a lot of work behind the scenes that the beneficiaries don't generally realize. Executor's fees are set by statute for that reason. Greedy or angry beneficiaries wouldn't pay them if they weren't required to.
That depends on lots of factors. If she is the executor of the estate , and the house is not explicitly addressed in a will, she can sell it and distribute the proceeds according to the will. You can always contest the actions of the executor. If she was left the house by terms of a will, you are not entitled to any of the proceeds. If you and she were left the house together, then you are entitled to a portion of the proceeds, and to a say in whether or not the house is sold in the first place.
Yes, you can bring a civil action regarding a probate issue. This is often done to contest a will or hold an executor accountable.
The executor of the estate can contest the debt. One of the things they must do is validate that all debts are accounted for and valid. Only then can they determine how to distribute what is left.