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Can you protest the appointment of an executor of an estate with no will?
Wiki User
∙ 11y ago
An administrator or personal representative is appointed when there is no will.
Yes, you can object is you are an interested party to the estate but you must be prepared to explain your objection to the court. The court will hear the objection and make a ruling. Unless you have a very good reason the appointment will be allowed.
An administrator or personal representative is appointed when there is no will.
Yes, you can object is you are an interested party to the estate but you must be prepared to explain your objection to the court. The court will hear the objection and make a ruling. Unless you have a very good reason the appointment will be allowed.
An administrator or personal representative is appointed when there is no will.
Yes, you can object is you are an interested party to the estate but you must be prepared to explain your objection to the court. The court will hear the objection and make a ruling. Unless you have a very good reason the appointment will be allowed.
An administrator or personal representative is appointed when there is no will.
Yes, you can object is you are an interested party to the estate but you must be prepared to explain your objection to the court. The court will hear the objection and make a ruling. Unless you have a very good reason the appointment will be allowed.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoAn administrator or personal representative is appointed when there is no will.
Yes, you can object is you are an interested party to the estate but you must be prepared to explain your objection to the court. The court will hear the objection and make a ruling. Unless you have a very good reason the appointment will be allowed.
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How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?
The executor can file a resignation with the court and you would petition for appointment as the successor.
Is it executor under the Will or Executor of the Estate?
Not all wills name an executor. If an executor is named in the will they must submit the will to probate for allowance and petition for appointment as the executor. In that case they will be both the executor under the will and the executor of the estate once appointed.In some cases, the named executor has died. In that case the court must appoint another person to act as executor. In some cases the executor named in the will declines the appointment. In that case the court will appoint an alternate. Either of these executors can be referred to as executors under the will and they are both executors of the estate. It may simply be a matter of style.Some may acknowledge a distinction that a person who is executor under the will has not been officially appointed by the court and the executor of the estate has been appointed by the court and Letters Testamentary have been issued making the appointment official.
I am trying to claim Mom's annuity. The company is requiring a Letter of Testamentary that I'm the executor of the estate. How do I get this Letter of Testamentary?
You need to get a copy of your Mother's will to prove that you are an executor of her estate. If there is no will you need to apply for an appointment as an executor so that you can handle her estate matters.
As an executor how can you obtain a letter of appointment in order to cash checks written to the estate?
You need to file Will and Petition for Appointment in local Probate court.
Can executor pass responsibilities to attorney?
Yes. The executor can assign their rights to represent the estate by the appointment of an agent. That is frequently done when the deceased owned property in another state or when the appointed executor lives a distance from the court where the estate is filed.
Who places real property into probate?
If there is a will the named executor must submit the will to probate and petition for appointment as the Executor. If there is no will then a qualified person (family member) must petition for appointment as the Administrator of the estate. When the petitions are 'allowed' the estate comes under the control and supervision of the probate court.
Can the court require an executor to repay legal fees for removal of another executor?
First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.
What if the executor of the estate dies before the estate is finalised?
The court must be notified and another interested party must request appointment as the successor.
Can you request that executor not be paid because of exhibiting favoritism in the managing of the estate?
No. If you think the executor has misused their authority it should be reported to the court that made the appointment. The court will review the matter and issue a decision. An executor can be held personally liable for mismanaging the estate.
Can an executor sign legal documents by simply signing their own name or does it have to also say Executor for the estate of so-and-so?
An Executor signing a legal document for an Estate must include "Executor, Estate of...." Also, as Executor, you may have to request various information (non legal)in writing, and must include Executor, Estate of with your signature. Some info may require proof of your appointment as executor in the form of Letters of Testamentary. Some may also require including a copy of the Death Certificate.
Can a executor of an estate sell property without the permission of the heirs?
First, the executor must be appointed by the court. The executor must dispose of the estate assets according to the provisions in the Will. It is common for the power to sell real estate to be granted in the Will. If not, then generally, the executor must obtain a license from the court. In some states the executor has inherent power to sell real estate. Generally, the executor does not need permission from the beneficiaries to act. They derive their authority by their court appointment and under state laws that vary from state to state.
Does the executor have the right to say that things must remain in the house for her grandson?
That depends on what was written in the Will. The estate must be probated and the executor must seek appointment from the probate court.
