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It is not an automatic thing. They have to apply to the court just like anyone else does. It is common for the court to make such an appointment.
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∙ 9y ago
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Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
Will it be seen as mala fide if an executor did not do a testamentary capacity test when doing a last Will for a seriously ill dying person?
The executor has no standing or duties while the testator is living. The person helping to create the will should evaluate their capacity.
Can the executor of the estate transfer ownership of home to executor with consent of living owner?
You can't be the executor of an estate if the individual is still living. Property transfers are done the same as any other time.
Can brother executor prevent sibling from living in mothers home while she is still living?
The executor has no power while the person is living. Until they are appointed by the court, they have no power.
Can an executor bill for time before client is deceased and what if services are performed then client changes executors?
NO. There is no executor until the testator has died and the executor has been appointed by the court.A living person can execute a Power of Attorney and appoint an agent to perform tasks for them while they are living. The agent should have an agreement in writing that explains duties and compensation. The agent can submit a claim against the estate for any payment still due once the testator has died.
Is an advance directive or living will the same as executor?
No.
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
Who will inherit if cousin died leaving no spouse or siblings?
If there is no living spouse, the children inherit, after them the siblings. If there is no living spouse, children or siblings, parents inherit, after them first cousins, then second cousins, etc.
Can a person who was living with your dad prevent his children from being appointed executor of his estate?
No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.
What are the responsibilities of an executor of a living trust?
A trust doesn't have an executor. It has a trustee. The trustee manages the trust according to the terms of the trust.
What is a description of the duties of technology?
Only a living person can have duties. Technology is an abstract concept not a living person.
Can your brother who is the executor of your dads estate whilehe is in a nursing homemake you move out of the house you have been living in for 15 years and that is in the will to go to all three sibl?
You can't be executor of an estate if the individual is still living. However, the executor can make people move out of the house.
