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Does deceased executor's wife take over the duties of the executor?
Wiki User
∙ 12y ago
No. The court must appoint a successor.
No. The court must appoint a successor.
No. The court must appoint a successor.
No. The court must appoint a successor.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoNo. The court must appoint a successor.
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If an executor of a Will inform beneficiaries of the contents b4 the testator is deceased and this leads to pressure on the executor or on the other beneficiaries to do deals what does this mean?
The executor is breaching their duties. They have no control over the estate prior to the testator's death.
Can the executor demand the key to my deceased mother's empty house?
Yes, the executor of your deceased mother's estate typically has the authority to request the key to her empty house to fulfill their duties, such as ensuring the property is secured and managing its assets. It is important to cooperate with the executor to facilitate the estate administration process.
What happens if one of the named executors dies?
The remaining executor takes over, or the court will appoint a new one. No will shall fail because of the lack of a named executor, the court will simply appoint one.
Does executor have ruling over sale of house in an deceased estate?
Yes, the executor has the authority to manage and oversee the sale of a house in a deceased estate. The executor is responsible for handling the deceased person's assets, including the sale of property, according to the terms of the will or state laws if there is no will. The executor must act in the best interest of the estate and its beneficiaries.
Do executors determine the percentage they are paid for their duties or is there a set legal percent. Also does it have to be approved by all the heirs of the estate?
How an executor is compensated specifically would depend upon the state. In California, for example, executors are paid according to a schedule in the statute. In fact, under that schedule, executors may receive payment for their services based upon the same percentage of the gross estate, as would the attorney representing the estate (barring extraordinary services of legal counsel). In California, the heirs would not have a veto over compensation directly, but could attack the manner in which an estate is handled (therefore attacking compensation indirectly). An executor could be surcharged by the court if he or she is found to have breached fiduciary duties to the estate. However, the actual method could vary from state to state.
What to do when your brother passes as an executor?
Have a new executor appointed by the court, which could be you. That person will then take over the duties and execute the will. The court can appoint an attorney or bank to serve.
If you are the executer can someone else take over your authority and duties without your knowing about it?
No. You are the court appointed executor unless the court appoints someone else because you have failed to perform your duties as executor. In that case the court would notify you and there would be a hearing.
Can 1 executor refuse to release cash until other executor agrees to what he wants to do with property?
When there are co-executors of an estate one has no superior rights over the other. If they cannot agree then the conflict needs to be presented to the court for a solution. The beneficiaries have the right to expect that the estate be settled with expediency. An executor who is holding up the process can be removed by a petition filed by the heirs or the other executor.
If the executor of a will a lawyer retires overseas and is no longer with the company who takes over the duties of executor or should he or she have appointed a replacement before leaving the country?
The court will appoint someone if no one volunteers.
What if the deceased did not own their car and the executor would like to take it over?
The estate can sell the car to the executor. They will have to demonstrate to the court that they paid a fair market value for the vehicle. Essentially, the executor pays the estate for the car and the estate settles the car loan.
Can the executor and alternate executor share duties?
Of course the alternate can volunteer to assist the court appointed executor in the fulfillment of her duties. However, the alternate has no legal power and will not be entitled to any compensation.
If the executor of an estate doesn't fulfill his duties because they can't be bothered with it does the 2nd executor automatically take over If so what if 1st decides they want to again?
The court issues a letter of authority to the executor. If they haven't applied or decline it, they are not on the letter.
