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Do you need an executors deed in NJ when you have already probated the will and you are both the sole beneficiary and executor?
Wiki User
∙ 13y ago
No. If the estate has been probated and the file is closed then the owners by inheritance can convey the property by a deed that cites the probate as their source of title. An attorney who specializes in conveyancing should draft the deed.
Wiki User
∙ 13y ago
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How long after a family death can a beneficiary sue an executor of the estate?
The will must be admitted to probate. The executor must be appointed by the court. Then, the executor must do something that violates their legal responsibilities. That could take months or that may never happen. You seem to already have something in mind.
How do I formally state my unwillingness to serve as executor of an estate?
In the UK: Assuming the person whose will it is has already passed away you need to create (or have created) a deed of renunciation and hand that to the beneficiaries or other executors.
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.
Is debt still owned if decease person has a will in probate and the executor receives a proof of claim from creditor after debts paid and no money left only home already transferred to beneficiary?
When a will is probated there is a statutory period during which creditors must file claims. No assets should be distributed until after that period has passed. If the creditor didn't file its claim during that period it is out of luck. If the claim is made during the statutory period and there is no money left the executor has a problem. The debts must be paid before any distribution is made. If there is a question about the time period for filing claims and whether the claim must be paid you should consult with the attorney who handled the estate.
If a beneficiary of a will has died can their share go to next of kin if the executor wishes this?
No. The executor dos no have the authority to distribute the estate according to their personal wishes. They must follow the provisions in the will and state laws. There may be a provision in the will for the distribution of the share of a deceased beneficiary. Otherwise that portion will pass under the residuary clause in the will or according to state laws of intestacy. You should contact the attorney who is handling the estate. You can also visit the probate court and ask to see the file if the will has already been filed for probate. You can read the will and make a copy if you wish.
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.
How to terminate an executer of estate?
I am assuming this question relates to a situation where the executor has already been appointed and the beneficiaries are unhappy with the administration. You can file a lawsuit in the probate court demanding the removal of an executor, however you will have to prove that the executor is acting unlawfully to the detriment of the estate or otherwise not fulfilling his/her duties. Mere animosity between an executor and beneficiaries without proof of some substantial wrongdoing will not serve as grounds for the court to order a removal. These lawsuits should not be filed unless there is serious wrongdoing because with legal fees for both sides a lot of the estate can be spent in the litigation. Besides, courts offer beneficiaries other remedies for problems, such as forcing an executor to make an accounting. Most Courts consider removal of executors a drastic measure.
What happens when a sole beneficiary dies before their benefactor in england?
Nothing. The benefactor will have to find another beneficiary, unless it has already been accounted for.
My mother just passed and my brother is named executor. He is going through a bankruptcy and personal tax issues should he be appointed as executor?
Your brother already has enough going on. The duties of being executor would be too much. Someone else in the family should petition to be appointed executor and your brother should decline.
One brother who is the named executor of dad's will claims a verbal agreement gives estate to only two siblings. The will gives the estate to all three. What can we do?
First, the brother is not the executor until the will has been filed in probate court and he has been appointed by the court as the executor. Until that happens, he has no power or authority over the estate.Once appointed by the court the executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. If an executor abuses their authority they are subject to sanctions by the court and removal. They can be held personally liable for their mistakes. The executor has no legal power to change anything. The court will always try to carry out the last will and testament of a testator. It will not allow anyone to make changes. Only a judge has that power and only when the will is unclear or cannot be carried out for some reason.When a will is filed for probate, there is a period during which objections can be made to the appointment of the executor who is named in the will. In this case, the named executor has already displayed outrageous behavior. If the will hasn't been filed for probate yet, someone should file it now and request to be appointed the executor. The named executor's behavior can be reported at that time. If he was appointed by the court already then his behavior should be reported and a new executor should be appointed."Executors" that haven't been legally appointed by the probate court are a serious and common problem. They are only self-appointed and have no idea they have a body of law that governs their powers and actions. If he does what he claims then he can face criminal prosecution. Report him ASAP.
Does a secondary beneficiary only receive funds from a life insurance policy if the primary beneficiary has already passed?
Yes. A secondary beneficiary only becomes beneficiary if the primary beneficiary dies before the insured. Say the insured and primary beneficiary are involved in a fatal auto accident but the insured dies an hour before the primary beneficiary. The insurance proceeds would not go to the secondary beneficiary but to the estate of the primary beneficiary. If the primary beneficiary dies an hour before the insured then the secondary beneficiary receives the proceeds. If an insured wants both to receive monies they can name more than one person as primary beneficiary and in what percentage for each person. They could also leave it to their estate and handle distribution by a will.
Does the original executor have to be notified if a new executor has been named?
Yes. The court will notify the original executor they have been removed although they should already be aware there are problems with their fulfillment of their duties. If they didn't request to be removed as executor then the beneficiaries requested their removal. They are required to file an account detailing their activities regarding the estate assets. The original executor does not have to be notified if the situation is one where a person during his/her lifetime makes a new will in which a new executor is named.
