0
How can you change the Personal Representative on a will before a person dies?
Wiki User
∙ 12y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
What is the difference between executor and personal representative?
An executor is the person appointed by the court to carry out the provisions in a Last Will and Testament.A personal representative has two meanings: a person who manages the financial affairs of another person or the person appointed by the court to settle an estate. The court-appointed personal representative is an executor if there is a will or an administrator if there is no will.
What is the difference between a personal representative and a beneficiary?
The personal representative speaks for the estate and acts on its behalf. A beneficiary is someone that is expected to receive a bequest from the estate. They can be the same person.
Is a personal representative the same as an executor?
For practical purposes, yes. An executor is someone who administers an estate of a person who left a valid Will. An administrator is someone who administers an estate of a person who did not leave a valid Will. The term "personal representative" described both an administrator and an executor.In the United States the term personal representative is used in the Uniform Probate Code to refer to the person authorized by the Probate Court to settle the estate of a decedent. As states adopt the Uniform Probate Code the term personal representative is becoming more common.
Difference between a trustee and a personal representative?
In common law jurisdictions a personal representative is a generic term for the executor or administrator of an estate. A personal representative can also be a person chosen to manage the day-to-day affairs for some other individual under the authority of a Power of Attorney . A trustee is the person appointed by a trust document to manage the property held by the trust.
Who is the personal representative of a deceased person with no will in the state of Ohio?
Whomever obtains the letter of authority from the probate court.
Does a person needs to be a manager before possessing personal power?
No
Heirs want to confirm the personal representative didn't take funds before they were appointed. Can they request the decedent's bank records from the personal representative during the probate period?
The heirs can request the records from the personal representative on their own but the representative does not have to comply. They could request that through the court if there is a honest reason for thinking the representative stole money from the estate. They can also visit the court and view the case file. They can check the account and the beginning balance listed in the inventory.You seem to want to know if the person who was appointed the personal representative converted any estate assets and is guilty of theft. If you have a serious belief that they did you should speak with the attorney who is handling the estate or your own attorney. If you are simply fishing be advised that courts do not cater to family squabbling.The heirs can request the records from the personal representative on their own but the representative does not have to comply. They could request that through the court if there is a honest reason for thinking the representative stole money from the estate. They can also visit the court and view the case file. They can check the account and the beginning balance listed in the inventory.You seem to want to know if the person who was appointed the personal representative converted any estate assets and is guilty of theft. If you have a serious belief that they did you should speak with the attorney who is handling the estate or your own attorney. If you are simply fishing be advised that courts do not cater to family squabbling.The heirs can request the records from the personal representative on their own but the representative does not have to comply. They could request that through the court if there is a honest reason for thinking the representative stole money from the estate. They can also visit the court and view the case file. They can check the account and the beginning balance listed in the inventory.You seem to want to know if the person who was appointed the personal representative converted any estate assets and is guilty of theft. If you have a serious belief that they did you should speak with the attorney who is handling the estate or your own attorney. If you are simply fishing be advised that courts do not cater to family squabbling.The heirs can request the records from the personal representative on their own but the representative does not have to comply. They could request that through the court if there is a honest reason for thinking the representative stole money from the estate. They can also visit the court and view the case file. They can check the account and the beginning balance listed in the inventory.You seem to want to know if the person who was appointed the personal representative converted any estate assets and is guilty of theft. If you have a serious belief that they did you should speak with the attorney who is handling the estate or your own attorney. If you are simply fishing be advised that courts do not cater to family squabbling.
How is the personal representative decided on when there is no will and no estate?
Often the court will grant it to the person that applies for it. They may require all of the beneficiaries agree to the individual, or they may appoint a neutral party.
What is form 1310?
Form 1310 is Statement of Person Claiming Refund Due a Deceased Taxpayer. Form 1310 isn't filed in two situations. One, a surviving spouse is filing an original or amended return with the deceased. Two, a personal representative (executor or administrator) is filing an original return for the deceased. The personal representative must attach to the tax return a court certificate showing the appointment as personal representative by the court. For more information, go to www.irs.gov/taxtopics for Topic 356 (Decedents).
Can you file a tax form for your deceased father?
If you are the personal representative of the taxpayer's estate (e.g., the administrator, executor, executrix) or the person in charge of the taxpayer property, you will need to file a tax form for the deceased person. You will use one of the 1040 tax forms for the final return of the taxpayer. After entering the deceased person's name and date of death at the top of the tax form, sign your name in the signature block and add the words "filing as personal representative." You also need to complete IRS Form 56, Notice Concerning Fiduciary Relationship and send it with the return. Also if a refund is due then a form 1310 is needed to assure that the refund is issued in the personal representative's name.
Where can you find out more about genworth?
To find out more about Genworth Insurance you can talk to a representative from the company in person or by phone. You can also look at their website, if you so choose, to gather information about their company and products before you talk to a representative.
How do you become a personal representative?
The following answer presumes that the Personal Representative was not established by a will which has been admitted to probate and is already before the court. This is called Administration, and applies where there is no will. The next answer talks about the situation if the executory (personal representative) was established by a will which has been admitted to probate and is already before the court. This is diffierent from when the person died without a will. It is called dying intestate. Which is from Latin, meaning "no will". The name Personal Representaitve is the inclusive name for both in most modern probate codes. 1st, ask the personal representative to resign, get another job, do something else.* Consider the posibility that the personal representative merely works there and has one of the most thankless jobs in the Western World. Only in rare occasions are personal representatives talking, after it's all over, about how wonderful the experience was and how they just recomend it to everybody. Most consider it one of the most stressful and painful social experiences in their lives. In short, most personal representative, unless there are economic interests, emotionally significant associations, and astounding egos at work are only too happy to be out of the situation. There's a side effect: as a rule of thumb, the number of years for the personal repersentative and the opposing party, if siblings, to get over the removal/resignation of the personal representative is equal to 3 times the diffierence in the ages of the personal representative and the opposing sibling. That is to speak with each other again. 2nd, If 1st does not work, then petition the probate court, with grounds, and a good probate lawyer, a war chest of money, and time, and an awareness that you might prevail in disposing the personal representative, but that's just about it for the reltionship; the time-bounds in the second paragraph don't count. Consider it over. Suggestions: be sure you know what you want, there's a very good chance you might not get it; next, then you might, and that sometimes is worse. (Just a personal opinion) *If you choose WHATEVER route, do it with a bit of careful circumspect; really provoking people who are personal repersentatives is almost always ultimately expensive. See the second paragrph preceeding. I assume that the will has already been probated and the named personal representative has been appointed and is acting. To remove the personal representative, you would most likely have to file a lawsuit in the probate court against the personal representative asking the court to remove him/her as the representative. Most if not all states have laws that set the grounds upon which a removal can be ordered. These grounds have to do with mismanagement of the estate or failure to act to a degree where there is some harm to the estate. A court will not remove an executor simply because the beneficiaries do not like him/her or even if there are disagreements on what should be done and how.The executor is the one the decedent chose to handle his estate and courts generally honor that choice, especially where there is no harm being done. Check the laws of the estate's jurisdiction to see the specific grounds for removal of personal representatives.
