0
Does a person who is appointed executor have more say over someone who has been given power of attourney?
Wiki User
∙ 9y ago
The executor has no power as long as the individual is still living. And once the individual passes on, the power of attorney has no power.
Wiki User
∙ 9y ago
Add your answer:
Earn +20 pts
Can you appoint an executor from another estate in your will?
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.
How does someone transfer their job as co-executor to another person?
An executor has no authority until they have been appointed by the probate court. The executor must file a resignation with the court that appointed them and the court will appoint a successor.
What if someone else is better suited to be executor?
A person appointed in a will can decline to serve as executor. They can certainly nominate someone they feel is more qualified, or the court will appoint someone in any case.
Can a person who was living with your dad prevent his children from being appointed executor of his estate?
In general, a person living with your dad does not have the legal authority to prevent his children from being appointed as executor of his estate. The appointment of an executor is typically determined by the person's will or by law if there is no will. Family members are usually given priority in being appointed as executors. It is advisable to consult with a legal professional for specific advice regarding this situation.
Have a will with no executor who executes the will?
The court will appoint an executor. Any person who is interested in the estate can petition to be appointed the executor: friend or family. The family can ask for a volunteer or ask someone they trust. Then, when the will is submitted for probate that person will also petition to be appointed the executor. You should consult with an attorney who specializes in probate. The rules are more strict for the appointment of an administrator.
What is the difference between executor and personal representative?
An executor is the person appointed by the court to carry out the provisions in a Last Will and Testament.A personal representative has two meanings: a person who manages the financial affairs of another person or the person appointed by the court to settle an estate. The court-appointed personal representative is an executor if there is a will or an administrator if there is no will.
What if no one wants to be an executor?
Then another person will need to be appointed such as an attorney.Then another person will need to be appointed such as an attorney.Then another person will need to be appointed such as an attorney.Then another person will need to be appointed such as an attorney.
Can the executor change any legal information or bank information if the person is considered incompetent?
The executor has no power over a living person. They could be appointed conservator by the courts and have the ability to do so. The executor is only appointed after the death of the testator.
What is the difference between and executor and conservator?
A conservator is appointed by the court to manage the estate of a living person who is incapable of managing their own affairs. An executor is appointed by the court to settle the estate of a person who died leaving a will.
Can a person who is power of attorney and has been for a number of years deal with the persons will when they die even though someone else is named as executor?
Not legally. A power of attorney represents a living person. After their death, the will and its appointed executor are responsible.
What is the executor of a will?
The executor of the will is the person appointed by the court to distribute the estate according to the terms of the will and the state probate laws.
What is the difference between Executor and Power of Attorney?
A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal. An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.
