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Yes. However, the will should be drafted by an attorney who specializes in probate to make certain the will isn't vulnerable to challenges. A testator has the right to choose their beneficiary. Generally, a will can only be challenged on technical grounds not because someone doesn't think it's "fair". The attorney may advise the testator to name a different person as the executor although it may not be necessary.

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Q: Could you as the executor of your neighbors will also be the only person to benefit?
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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.


Can an executor witness a will?

No. An executor, onced appointed by the court, has complete and uninhibited access to the decedent's assets. Therefore the executor derives some benefit from the will and should not be a witness. If the other witness should be unavailable to testify regarding an objection to the will the executor as the sole available witness would cause the will to be exposed to challenges.


What to do when your brother passes as an executor?

Have a new executor appointed by the court, which could be you. That person will then take over the duties and execute the will. The court can appoint an attorney or bank to serve.


Can a person who is not the executor sell property?

Not if the property does not belong to them. Only the executor is authorized to sell the property of the estate. For anyone else to do so could be considered theft.


Can my sister as the executor be a beneficiary?

No. Only the court can appoint an executor. You could petition the court to name your sister as co-executor but make certain you provide a good reason to support your request.


What is the fee an executor of an estate receives in Washington DC?

There is no set fee, the executor is appointed by the person making the will and could be anybody, even a member of the family or a trusted friend.


Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?

Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.


What recourse does one have if the person named as executor in a will did not get court appointed before removing property from a home?

You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.


Can you bank a cheque issued to a deceased person?

No, this could be considered fraud, unless done by the executor with appropriate documentation.


Can executor spend from estate to make home improvements?

It is certainly a possibility. If the executor responsibly believes that the value of the home will be greatly enhanced to the benefit of the estate, they could do so. It would increase the value of the estate and allow more debts to be paid and get more money for the heirs.


Does the executor receive the estate in the UK?

No, the beneficiaries receive the estate. An executor could be a beneficiary


Does the executor to a person's will have the legal authority to bury the person's remains without sibling consent?

Yes. The Executor has full authority regarding the estate of the deceased. I have seen a few cases myself where the executor cremated the body, took the ashes to a private location, and never told anyone of that location. Obviously, however, the siblings could attempt to fight this in court.