The executor does not get to choose to remove someone. The wishes of the testator, as evidenced by the will, have to be followed. The court could remove someone from the will if it had a compelling enough reason to do so.
No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
Any or all of them can petition the court to remove the executor.
Apply to the court to be named. They will appoint someone to be the executor.
The executor has the same rights as any other person. They can ask someone to change their will.
They can decline the responsibility. The court will assign someone else to be executor.
Not once they have been appointed as executor. The court has issued a letter of authority to that executor. That will have to be cancelled and a new one issued to the new executor.
They have the right to ask the court to do so. If they believe the current executor is not fulfilling their duties, they can request their removal. The court will evaluate the situation and may appoint a new executor.
Estates are generally handled by a probate court but they have different names in different jurisdictions. To make changes to the executor of an estate you need to return to the court that appointed the executor and file your complaints in the form of a motion. The staff will help you with a form. The court will consider your motion and render a decision.
They certainly have the right to do what they wish. If they are suffering dementia, it might be a good idea to have someone trustworthy appointed as their guardian. Some one should also be appointed to protect their assets.
First, no one is the executor of a will until the will has been submitted to the probate court for allowance and the executor(s) has been duly appointed by the probate court.Typographical errors and indefinite references made in the will will be resolved when the will is reviewed by the court. The will must be submitted with a petition asking the court to allow it and appoint the estate representative. The court will issue Letters Testamentary to the appointed executor(s).No one has any right to remove any property from the estate until the will is allowed and the executor(s) appointed by the court. Once appointed the executor is the only person with the right to manage the estate property. They must pay the debts of the decedent, pay the costs of probating the estate and distribute the remaining assets according to the provisions in the will and the state laws of intestacy.
Yes. You can appoint the same person as your executor in your will even if that person has been appointed by someone else as their executor in their will.