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No, but the probate court has to affirm the distribution plan.
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∙ 12y ago
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Does the remainder man need an executor?
The executor is responsible for the distribution of the estate. The remainder man does not need a separate executor, though there may be cases were they need to have their own attorney.
How do you remove appointed executor?
You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.
In Texas if your husband dies and has a car in his name only are you liable for the bill?
The estate is generally liable for all bills and expenses (not you). Hire a probate attorney to help sort this out. The estate will need an executor.
What if the executor is not the legal spouse?
Generally, an executor doesn't need to be the "legal spouse".
If you leave everything to your wife do you need an execuror?
If you are writing a will, then you need an executor. However in this case where you are leaving everything to her, she can be the executor.
Does the court need to assign a executor if the children agree who will be a executor?
The court will appoint the executor and typically will grant it to the person the children request.
do you have to have a lawyer to probate a will if the will dictates who is teh executor ?
If you already have a named executor, there is no need for a lawyer.
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.
If a person leaves a house to someone in a will can the beneficiary move in right away or have to wait for the probate court to approve the will?
Not only does the beneficiary have to wait for the probate of the will, but will most likely have to wait until the executor is satisfied that the house does not need to be sold to pay any debts of the estate. Until administration of an estate is complete, the executor has the right to possession of all estate property, including the house. If the executor wants to, he/she can let the beneficiary in the house. But even there, the person appointed as executor has no power to allow that until the will has been probated. This is because that person has no power to act as an executor until the will is probated.
Can an executor sign over executor-ship over to someone else?
No. The executor would need to file a resignation with the court and the court will appoint a successor.
Do you need an executor at all?
You don't, but the estate does.
What rights have as beneficiary in will when not the executor?
All the rights required. He or she does not need to be an executor to receive any bequest. It is the responsibility and legal duty of the executor to carry out the wishes of the deceased.
