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Can you stop a named executor of a will from being appointed executor by the courts?
Wiki User
∙ 13y ago
Yes. If you have a legitimate objection the court will hear it. When you receive notice that the will has been filed and the executor has requested appointment make certain you file your objection in writing by the date listed on the notice. State the facts and submit any evidence or names of witnesses to back up your objection. If the court agrees with you it will appoint a different executor.
Wiki User
∙ 13y ago
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Can wife be executor of will?
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
How do you become the executor even though one is named?
The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.
Will a POA become the executor if none is named in a will?
They could petition to be appointed executor. The court will determine who should be appointed.
Who is the executor of the diseased?
If there is a will, the individual named can be appointed to serve. Otherwise someone will be appointed by the court.
My mother just passed and my brother is named executor. He is going through a bankruptcy and personal tax issues should he be appointed as executor?
Your brother already has enough going on. The duties of being executor would be too much. Someone else in the family should petition to be appointed executor and your brother should decline.
In Ohio does a personal representative named in the Will have any powers if the estate was relieved of administration no one was named executor and the case was closed?
No. In order to have any authority an executor or personal representative must be appointed by a court.No. In order to have any authority an executor or personal representative must be appointed by a court.No. In order to have any authority an executor or personal representative must be appointed by a court.No. In order to have any authority an executor or personal representative must be appointed by a court.
How do you change the executor of a will?
The individual has his or her will amended to show the new named executor or executrix. The amending will need to be witnessed and notarized (preferably) in the same manner as the original document, but not neccessarily by the original witnesses. An executor or executrix who has been appointed by the probate court or was named by the testator (testrix) must be relieved of the responsibility through the court.
May an executor renounce their role as executor?
Yes, accepting the role is 100% voluntary.United StatesYes. The named executor can file a declination and the court will appoint another person as executor. Once appointed an executor can file a resignation if they cannot continue as executor.
How do you get named as executor if your parent has already passed away?
You need to submit the will to probate court for allowance and ask to be appointed the executor. If there is a different executor named in the will they may need to sign a declination.
Can you put your sister daughter out your mother house until you here from the probate court?
If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.
When you have 2 executor's and 1 of them put you as a secondary executor what happens?
Any executor must be appointed by the probate court. If joint executors are named in the Will they must petition to be appointed by the court. They can only be removed by the same court.
If an executor does not distribute the assets can those included in the will force the executor to do so?
First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.
