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The same way anyone is removed. They file an eviction notice with the court.
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Can an executor hide information from a sibling?
An executor has a duty to act in the best interest of the estate and its beneficiaries, which includes being transparent and providing information to the beneficiaries. Hiding information from a sibling could be seen as a breach of fiduciary duty and may have legal consequences. It is important for all beneficiaries to have access to relevant information about the estate.
The Executor in a Will is deceased. Can a sibling of the deceased now be appointed?
The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.
How do you remove or terminate an executor or administrator of an estate?
The answer depends upon the laws of the state where the estate is. Every state has laws that give the grounds which serve as reasons to remove or terminate an acting executor. In New Jersey, an executor m ay be removed only for cause, such as, refusing to make an accounting if ordered by a court to do so; if he has embezzled, wasted or misappleied assets; if h e neglects to administer the estate; if he is no longer of sound mind, etc. The mere fact that the beneficiaries may not like the executor or even if there is some animosity between them is not a reason to remove the executor unles he does something harmful to the estate
Can the executor of an estate remove items without asking the other beneficiares in the state of Indiana?
The executor has a responsibility to preserve the estate. They can remove items for appraisal and sale, but the assets still remain a part of the estate until properly distributed.
Can you stipulate in California that the state be the executor of your estate?
The state won't do it, but the court will appoint a neutral party do be the executor.
Is there a fee for a executor of a will?
The executor's fee is generally set by state law.
What is the fee an executor is entitled to in Colorado?
What are executor fees in the state of Colorado?
Is there a way of removing an executor if they have moved out of the country?
Yes. Executors are forbidden from abandoning estate assets or the obligation to handle the estate properly. Some states will consider moving to another country as such an abandonment would most likely be taken as an abandonment. The state where the will was probated will have statutes that outline the situations in which an executor may be removed from office. One of those instances is abandonment of estate assets. That state's probate court will have a procedure to file a complaint alleging the facts of the abandonment and demanding that the court remove the executor. The state's laws and court rules will direct the manner in which the complaint is to be served on the executor and if service is properly made, the court will proceed to look into the matter. If the executor fails to appear, the court will remove him or her. If the executor appears and denies the allegations of abandonment, the matter will proceed to trial. If abandonment is proved at trial, the executor will be removed. If it is not proved, the executor will not be removed. However, the court might require the executor to post a surety bond to protect the beneficiaries in case the executor does abandon things in the future.
What is the hourly rate for an executor?
The amount an executor can charge varies from state to state. You need to check the laws in your state. You could try a search for 'executors fees in your state'.
Are executor fees taxable in New York state?
They are income for the executor. Yes, they are taxable.
Do you have to go through probate in Oregon if there is a will that appoints an executor?
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.
Is it legal to be an executor of state and a beneficiary in the state of Washington?
Yes.
