The executor must be duly appointed by the probate court, and must meet one of the following requirements:
They can do whatever they wish with their rights and property.
they are not a deductable amount. You can claim expenses as an executor against the estate funds. However, if you do claim executor expenses against the amount of the estate they are taxed as income for the person claiming them.
File the claim with the court where the probate has been filed. If the claim is ignored then speak with someone at the court about a motion to compel the executor to pay your claim.
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.
They become part of his estate. The executor of his estate would file the claim against the first estate.
Yes, an executor can file a claim against the estate in Kentucky if they believe they are owed money or assets from the estate. However, they must act in good faith and comply with all legal requirements and procedures for making a claim against the estate.
Can I claim my fathers ashes
That's why most documents like that are signed in the presence of a notary or lawyer, depending on the State.
If it is a debt, you file the claim with the executor. Otherwise you should receive your inheritance when the estate is resolved.
The executor can make a claim against the estate for expenses. The probate court will have to approve. The expenses have to be reasonable and normal.
Yes. Nothing prohibits a testator from choosing a person as his or her executor simply because there is a debt between them. In the matter of who is to be the executor, courts go to great lengths to honor the wishes of the deceased. The beneficiaries will be able to challenge in court the manner in which the executor handled repayment. An executor might be held to a higher standard of proof if he or she disputes the claim in full or in part than any other creditor might be held to. In other words, although it appears that there is a conflict of interest in the executor handling his/her own claim, there are remedies available to beneficiaries to ensure proper handling of that claim that do not thwart the decedent's personal choice of the person to be the executor.
File the claim with the executor of the estate. It should include receipts and other appropriate documentation.