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They typically like to have someone in the family handle it. But if there is contention about the will, they may appoint a bank or attorney to handle it.
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∙ 12y ago
Courts typically give preference to the next of kin when appointing an executor of an estate, especially if they are willing and able to fulfill the role. However, the final decision ultimately depends on the specific laws and circumstances of each case. Factors like competency, potential conflicts of interest, and the wishes of the deceased may also be considered.
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On what basis is the US divided into judicial districs?
The United States court system is divided into judicial districts at all levels of government. Usually, municipal courts are lowest, district courts at the state level are next, and state supreme courts are the highest in any state. Federally, the United States is divided into district courts, with the Supreme Court being the highest in the country. There may also be appeal courts in between any of those levels.
What is a sentence using the word appellate court?
The appellate court reviews cases from lower courts to determine if the rulings were made correctly based on the law and legal precedent.
Is the eldest child the next of kin in law?
No, the eldest child is not automatically the next of kin in law. The next of kin is typically a spouse, parent, or adult child who has legal decision-making authority in the event of an emergency or if a person becomes unable to make decisions for themselves.
What is the noun clause in the sentence The judge was stunned at what happened next?
The noun clause in the sentence is "what happened next," as it functions as the object of the preposition "at."
Can a sister-in-law be considered next of kin?
Yes, a sister-in-law can be considered a next of kin depending on the context. Next of kin typically refers to the closest living relatives of an individual, such as a spouse, parent, child, or sibling. In some situations, a sister-in-law may be included as next of kin for purposes of decision-making and inheritance rights.
If the executor of a will dies would that person's next of kin automatically become the executor?
No. If the executor dies the court must appoint a new executor.
Who has right to buy deceased car if brother and sister both want to buy it?
The executor will have to determine sale price and who it is sold to. If there is no Will, that is usually the next of kin or someone appointed by the probate courts.
Will executor and next of kin competing for a decease's redirected mail who wins?
The mail belongs to the estate. The executor should get all mail.
What happens if the executor of an estate refuses their position and makes the next of kin executor?
Happens all the time. No big deal. The executor, whomever it is, fulfills the duties are required by law. And if no one 'wants' to be the executor, the court will appoint someone to do it, usually an attorney or a bank.
What fee can an executor of an estate charge in California?
I practice in California. I will tell you how it works generally in CA. In CA, the deceased names the executor in their will. If the named executor declines, then any other interested person can petition the court to be named executor. The named executor has 30 days after notice of the death of the decedent or they can be deemed to have waived the right to appointment as personal representative. If there is no will/executor, the public administrator in the county where the estate will be administered will petition the court to be named as the public administrator (i.e. executor). The public administrator, as well as the attorney for the public admininstrator, is entitled to the same statutory fees as a private executor. In CA the fees are set forth as a tiered percentage of the gross estate value. For an estate valued at $200k, the percentage is 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000. As to whom to select, there are pros and cons as you probably guessed. A family member may know the family better, and may know the deceased person's wishes better. A family member may also keep administrative fees down. But, a family member may not be experienced with handling estates, or may not be impartial. A public adminstrator may not know the family as well, may incur higher administrative fees, but has experience in adminstering estates, and has no emotional bias.
In the game life where are the millionaire estates?
Next to the picture of the purple and blue cars
Can an executor lie in probate court and say there is no next of kind?
Sure, and be guilty of perjury.
When an executor can no longer act what needs to happen for the next person in line to take over?
The executor must resign in writing or be removed by the court and the court must appoint a successor.
What is the Executor's fee from an estate in New York?
The commission rate in New York is fixed. For each Executor (there can be two, if more, they share the same amount as two would get) it goes like this:5% on the first $100,000 in the estate4% on the next $200,0003% on the next $700,0002-1/2 % on the next $4,000,0002% on any amount above $5,000,000The will can state that the executor must waive the fee, but this means that no bank or attorney will serve. It is only recommended if the executor will inherit from the estate.
What happens to estates when there are no heirs?
When a person dies and has no heirs or next of kin their property "escheats" to the state.
If the attorney in fact under a power of attorney for an estate dies does the power of attorney go to his wife or to the other living sibling?
No. In fact, you seem confused. An estate is not handled under a power of attorney. It will have an executor or administrator or some similar personal representative appointed by the court. Also, executors, administrators, etc. are not allowed to delegate their duties and obligations to others by a power of attorney. Courts generally favor appointing the surviving spouse as the fiduciary. If she declines then an adult child would be next in line, then siblings. Anyone can serve as an executor but the state laws define who can serve as an administrator in an intestate estate. If the person appointed by the court to handle an estate dies the court must appoint a successor.
What happens to politicians when they fall out of favor with the public?
They get voted out at the next election.
