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Can your mother who has no will and five children choose to have her second oldest child as her executor to distribute her estate?
Wiki User
∙ 14y ago
Without a will, she gets no say in the matter. She should write a will to specify who she wishes to be responsible for the distribution. If she doesn't have a will, the court will appoint an executor. If the heirs don't agree on who that should be, they will appoint a bank or lawyer to serve in the position, getting paid from the estate for their services.
Wiki User
∙ 14y ago
If your mother passes away without a will, the laws of intestacy in her state will determine how her estate is distributed among her children. In this case, her second oldest child can petition the court to be appointed as the administrator of the estate to distribute assets according to the state's intestacy laws. It would be advisable to consult with a probate attorney for guidance on this process.
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What is legal age to be an executor of an estate in New York State?
In New York State, the legal age to be an executor of an estate is 18 years old. Any adult over the age of 18 can serve as an executor to manage and distribute the assets of an estate according to the deceased's wishes.
How long does an executor have to settle an estate in Texas?
In Texas, an executor typically has four years from the date of the decedent's death to settle the estate. However, it is recommended to address the estate as promptly as possible to avoid potential complications or delays in the distribution of assets to beneficiaries.
How long does an executor have to distribute a will?
The length of time an executor has to distribute the assets from a will can vary depending on the complexity of the estate and any potential legal or administrative challenges. In general, executors should aim to settle the estate and distribute assets to beneficiaries in a timely manner, typically within a year or two of the deceased's passing. Communication with beneficiaries and seeking professional advice can help ensure a smooth and efficient distribution process.
Can a person who was living with your dad prevent his children from being appointed executor of his estate?
In general, a person living with your dad does not have the legal authority to prevent his children from being appointed as executor of his estate. The appointment of an executor is typically determined by the person's will or by law if there is no will. Family members are usually given priority in being appointed as executors. It is advisable to consult with a legal professional for specific advice regarding this situation.
Does executor of estate have right to keep house?
As the executor of an estate, you are responsible for executing the wishes outlined in the deceased person's will. If the will specifies that the house goes to a specific beneficiary, then you must follow those instructions. If there are no specific instructions, you may need to sell the house and distribute the proceeds according to the will or laws of the state.
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.
Is the executor responsible for distributing inheritance?
That is the job of the executor. To distribute the estate and liquidate the assets.
What is the executor of a will?
The executor of the will is the person appointed by the court to distribute the estate according to the terms of the will and the state probate laws.
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.
How do you find what an estate is worth?
That is the responsibilty of the executor. They have to value the estate before they can resolve debts and distribute the remainder.
Can the inheritors force the executor to sell assets?
No, they cannot force the executor to sell assets. The executor is responsible for closing out the estate and settling debts. Then the distribute the assets.
Does the executor of a will have rights to distribute the estate before the mom dies?
They certainly do not have the rights. The executor has no power while the testator is still living.
Can you be made executor to fathers will after he is dead?
You can apply to be appointed executor of your father's estate. The court will issue a letter of authority. You will be required to distribute the estate according to the intestacy laws of the state.
Does an executor receive the estate?
The court appoiunted executor has control over the estate in order to pay taxes and debts and distribute the remaining property according to the will. The estate does not become their own property unless they are the sole beneficiary.
Does the executor of an estate receive payment for carrying out duties to distribute proceeds of an estate in Ontario Canada?
The executor is entitled to compensation for their time and effort. The court will approve the payment at the going rate.
Can an executor remove items from the estate?
Not for personal use, but in order to distribute and evaluate assets, yes.
Can a temporary executor sell belongings and or home of deceased when estate had no will?
Certainly, that is the duty of the executor, to settle the estate, which includes liquidating assets to cover debts and distribute the proceeds in accordance with state law.
