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Override? The executor of the will has a sworn duty to execute the will as written. They present the distribution plan to the court and the court approves it. They can contest the plan if it isn't equitable.
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∙ 12y ago
As an executor, you are responsible for carrying out the instructions in the will, but you must follow the terms of the will and cannot override them. It is your duty to ensure that the deceased's wishes are fulfilled as stated in the will and to act in the best interests of the estate and its beneficiaries. If there are disputes, it may be necessary to seek legal advice or involve a mediator to resolve them.
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can an executor override rest of his siblings?
An executor is responsible for carrying out the wishes outlined in a will, which typically includes distributing assets as instructed. In general, an executor does not have the authority to override the instructions of the testator or make decisions that go against the will's provisions. The executor's role is to fulfill the wishes of the deceased individual as outlined in their will.
Can an excutor of a will tell someone What is in the will before its told to everyone?
The executor has no right to see the will prior to the death of the testator. The testator may provide the named executor with an unsealed copy or allow the named executor to read the will but that would be entirely voluntary on the part of the testator.
Is an executor of an estate that has property allowed to sel?
Yes, the executor of an estate is typically allowed to sell property as part of their duties to administer and settle the estate. However, they must follow any specific instructions in the will or relevant laws, and may need approval from the court or beneficiaries.
My Father named me executor of a will can someone try to change it?
It would be difficult for someone to change the executor named in a will without valid legal grounds, such as proving the executor is unfit or incapable of fulfilling their duties. If you suspect foul play or coercion, you may want to seek legal advice to protect your role as the executor.
What happens in Texas when the executor of the will was incarcerated for a felony?
In Texas, if the executor of a will is incarcerated for a felony, they may be disqualified from serving as executor. It will be up to the court to determine if a new executor should be appointed to handle the estate administration.
Does a majority vote of heirs in an estate override an executor?
No. Not unless that power was granted in the Will. Otherwise, an executor is appointed in an estate in order to avoid such types of interference by the heirs. The court appointed executor has the legal authority to carry out the provisions in the Will and according to the probate laws for any property not mentioned in the Will. The heirs generally have no say in those matters.
The constitution gave congress what power over the president's veto?
The power to override the veto with a 2/3rds majority
If in the will the estate is to go to all six children and one of them is the executor can he sell without the others approval?
The executor of the estate has the power to settle the estate. That includes the sale of property. He does have to justify all his distributions to the court.
Can executor of a will take others out?
The executor cannot change the will. They have to execute the will as it was written and as modified by law.
Who has the power to override a veto?
Congress
Will conservatorship override power of attorney?
A conservatorship is granted by a court. It will override a power of attorney.
What happens if an executor does not have a power of attorney document?
A power of attorney expires on the death of the grantor. The executor needs a letter of authority.
How do you change the executor of a will in nys?
You apply to the probate court. They have the power to appoint a new executor.
Can your brother executor of your moms will legally disinherit you from her will?
The executor does not have that power. Their job is to execute the will as written.
What is Alabama state law on the power of Executor over the beneficiaries?
The executor has no power over the beneficiaries. The executor is responsible to the probate court for the administration of the estate. They must make a full accounting to the court.
Can you name yourself as an executor of a relative's estate?
You do not have the power to do so. Only the court can appoint an executor.
If the executor of a will develops alzheimer's but has a power of attorney does then the power of attorney make executor decisions?
In most cases they would not be able to serve in that capacity. The court is not likely to appoint someone with Alzheimer's to serve as executor.
