No. The deed will rule and the will shall have to adjusted accordingly.
Whomever applies to the court to replace him.
If the named executor has died then the court will appoint an executor. An interested party can petition to be appointed executor.
Yes, nothing prohibits the executor from receiving part of the estate. In fact, it is more common than not for the executor to receive something, as for example, where a husband leaves his estate to his spouse and makes her his executor.
If an executor is sending your husband a letter, it is likely that he is a beneficiary or that he is required at the signing of some type of paperwork. He might also owe money to an estate.
The wife controls 75% any children split the remaining 25%. However, if there are no children wife controls 100%
The widow can write a new will or simply have her attorney draft a codicil that names a new executor. The codicil should be drafted and executed with the same formality as a will and attached to it.All executors, whether named in a will or not must be appointed by the court in order to exercise any powers as an executor. In general, if the executor named in a decedent's will has died and no alternate was named, the court will appoint an executor.
It makes a lot of sense to make them the executor. It is very common for the spouse to serve in that capacity.
Generally, yes. If he is legally (competent) capable of appointment as the executor.
You haven't been specific enough in your details. If the husband died first while the wife was living and property ended up in the wife's estate, and from there went into a trust, then the property may be out of reach of the husband's executor. It depends on how the couple held title, if husband's interest passed to the wife while she was living, if the husband had any creditors, and the laws in your jurisdiction.
You aren't the executor of the estate until the court appoints you. If your husband left property standing in his name alone then his estate must be probated. You should seek the advice of an attorney who specializes in probate who can review your situation and explain your options. If your husband left a will you should bring it with you when you meet with the attorney.
The court will appoint a new executor. It is not a duty that is inherited. Her husband could certainly ask to be appointed and if the other beneficiaries are okay with that, the court would probably appoint him.
Not if the husband is still living. If he is deceased, the executor can obtain the records.