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The court appointed executor has the authority to make all decisions to carry out the provisions of the Will and take all other actions necessary to pay debts, distribute property and close the estate. See link for a listing of all the duties of the executor:
http://estate.findlaw.com/estate-administration/checklist-the-executor-s-role.html
Wiki User
∙ 7y ago
Wiki User
∙ 11y agoYes, unless they are excused by the court.
Wiki User
∙ 9y agoThat is their responsibility in all states. They represent the deceased in the execution of their will. They will need court agreement to do anything not specified in the will.
Wiki User
∙ 8y agoThe executor makes decisions regarding the estate. No will is needed.
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If you leave everything to your wife do you need an execuror?
If you are writing a will, then you need an executor. However in this case where you are leaving everything to her, she can be the executor.
Is an executor responsible to an inheritor to fincancil records of the deceased?
The executor is responsible to the court. Anyone with an interest in the case can present his concerns to the probate judge. The executor does not owe anyone anything. No one can tell the executor to do anything. If the probate judge instructs the executor to give you a copy of the report, you will get a copy of the report. If you do not present your concerns to the probate court, you are Sadly Out of Luck.
If an uncle dies and had no spouse or children but had a large bank account can another uncle be made executor and take everything?
An executor of the estate does not have the right to "take everything". Rather, the executor has the responsibility to execute the will of the person who died. If the deceased had no will and no immediate relatives, it gets more complicated.
If one joint power of attorney refuses to participate in the handling of the estate what can the other do to take care of the estate matters that are at a standstill?
Estates do not use power of attourney, they are managed by the executor(s) named in the will. It is the executors LEGAL DUTY to do what the will instructs - if an executor does not want to do this then a court will need to decide what to do.
A beneficiary is being difficult and won't accept his small inheritance. What does a court expect the executor to do to fulfill his obligation concerning the distribution?
The executor must distribute the estate according to the provisions in the will and the state probate laws. Any time an executor encounters a difficult situation that involves not being able to follow the provisions in the will (such as not enough assets to pay debts and legacies) the executor can explain the situation in a motion to the court and ask for a ruling. The court will review the problem, apply state law and render a decision that instructs the executor how to handle the situation. The decision protects the executor from any future claims of malpractice as the executor.
Can your brother as poa take everything in the will and not include you or your sister?
No. If there is a will then the executor of the will MUST do what the will says.
Does the person named by the deceased as administrator of will have to file the will?
Yes, the person named by the deceased as administrator of the will is called the executor. The job of the executor is (out of the deceased's estate) to settle all the deceased outstanding debts and pay for the funeral. Then the executor adds up everything in the deceased's estate, pays any outstanding taxes and any inheritance taxes that may be due and presents the account of all this along with the will to a special court called a probate court. If the court is happy with what has been done the executor is then granted a probate document which allows him dispose of the remainder of the estate as the person's will instructs. Without the deed of probate, companies like banks and stockbrokers will not accept the executors instructions to do things with the deceased's property.The filing of the will is the act of presenting it (and the accounts) to the probate court.
What is a executor?
The executor of the will is the person responsible for following the instructions of the will. They work with the probate court to make sure everything is done legally. The court provides them with a letter of authority that will allow them to act on behalf of the estate.
Does the Executor of the Will need to do anything if the Spouse is left alive?
They need to close the estate. This is much easier when the spouse inherits everything.
Can an executor be listed as a beneficiary?
Yes, and they frequently are as in the case of the standard husband and wife will, where each spouse leaves the entire estate to the other spouse and names that spouse the executor.
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.
What is the difference between co-executor and independent co executor?
What is the difference between an independent co-executor and a co-executor
