They absolutely can not change the will. They do not hold the power to do such a thing. Their only job is to be responsible for and/or carry out the individuals last wishes made within the will in the exact way the will states.
Only the court can "change" the executor. However, after the will has been probated there is no need of an executor. If additional property has been found that wasn't distributed then the probate must be reopened and the court can appoint a new executor.
You can write a new will. Or you can execute a codicil to the will that changes the named executor.
The executor has no power to change the will. Only the testator can change the distribution.
They may not change the will. Only the person who writes a will can change it.
The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.
A will must be probated so the court can rule the will is technically valid and can appoint the executor. No one has the legal right to act as the executor until they have been appointed by the court and issued letters Testamentary. Title to real estate will not pass to the heirs until the estate is probated.
The executor of a probated will should distribute the proceeds of the will after it is settled in probate court. Some states have laws in place that state a certain time limit for the funds to be issued to heirs.
Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.
It is not a requirement in most cases. The state may require a bond for the executor.
A probate certificate most likely refers to the documents that a probate court issues to the executor that certifies that the will has been probated and that the particular person is the executor. The purpose of the certificate is to prove to financial institutions that the will has been probated and that the person named executor in the will is the actual executor and has the right to handle the estate. These documents are referred to as Letters Testamentary and usually the court will issue as many copies as the executor needs to handle the estate.
Yes, a Michigan resident can be named as the executor of an Ohio will. However, the executor may need to fulfill certain legal requirements or seek legal counsel to ensure compliance with Ohio laws regarding probate and estate administration.
You need an attorney, not a website. An executor does not have the legal right to "refuse to have the will probated." Until the will is probated, it's just a piece of paper (and part of what makes an executor an executor instead of just a busybody is being granted probate by a court). From what you are saying, the "executor" in this case is playing fast and loose with the law, and you'll probably want to get an attorney involved sooner rather than later.
That depends on what was written in the Will. The estate must be probated and the executor must seek appointment from the probate court.
No, it is not necessary or wise to distribute any copies of a will during the life of the testator. However, the executor should be informed of where the will can be found when the testator has died and the will must be probated.
Report your suspicions to the Probate Court in which the will is being probated.
No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.