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Whomever applies to the court to replace him.
I have been the executor of my mothers money, I pay her nursing home bills with it, she just died and i have 200,000 dollars left, do I have to pay tax on that money.
As long as the will was properly drafted and is allowed by the court the executor and the beneficiary can be the same person.
Then someone else is and must follow the wishes of the deceased.
The executor has no power while the person is living. Until they are appointed by the court, they have no power.
Yes, she can petition the court to be the sole executor. If there is conflict, the court may very well appoint a third party, a bank or attorney, without a vested interest in the estate. This typically costs the estate money in the form of compensation to the executor.
I am a joint executor of a property that has been left to me and my sister in our mothers will. Are we qualified to rent out this property on lease, without the need to transfer ownership.
The executor is capable of doing so. As long as it is obvious that all the debts can be resolved, the executor can make distributions.
You can go to the judge or a lawyer and ask to be co executor or to require that the estate be settled. Wills and trusts can be broken, you just have to consult the right person.
You are not personally responsible for them, they will be paid from her estate. It is your responsibility to see that is done.
You can find an excellent article about what to consider when choosing an executor at the link provided below.
As an executor of my mothers will can I use her direct express cards to pay her bills.