An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
Write a will! That is the way to appoint someone executor of the estate.
In the Uk, it is not necessary to write a will or appoint executors if there is no estate unless you particularly want your personal items distributed in a certain manner.
If your mother passes away without a will, the laws of intestacy in her state will determine how her estate is distributed among her children. In this case, her second oldest child can petition the court to be appointed as the administrator of the estate to distribute assets according to the state's intestacy laws. It would be advisable to consult with a probate attorney for guidance on this process.
The executor is responsible for the sale of the house. They have a letter of authority from the probate court. That allows them to write checks and settle the estate.
Your power as attorney-in-fact for your mother expired upon her death. Only the probate court can appoint an executor. If your mother died testate the court will appoint the executor she named in her will. If none was named, the court will appoint one.
The widow can write a new will or simply have her attorney draft a codicil that names a new executor. The codicil should be drafted and executed with the same formality as a will and attached to it.All executors, whether named in a will or not must be appointed by the court in order to exercise any powers as an executor. In general, if the executor named in a decedent's will has died and no alternate was named, the court will appoint an executor.
Nope, has to be deposited to an estate account. You can then go ahead and write a check to yourself from the estate account.... assuming you are the executor and have the authority to do so. Nope, has to be deposited to an estate account. You can then go ahead and write a check to yourself from the estate account.... assuming you are the executor and have the authority to do so.
No, you do not. Frequently in small estates executors who are not lawyers fulfill the duties of an executor without retaining a lawyer. You do not need to hire a lawyer in order to get a will probated and become the executor officially if you can do the initial paperwork on your own. After becoming executor, you may wish to consider retaining one in order to be sure you comply with all laws governing the administration of the estate.
The executor is responsible for settling the estate. That will include writing checks to pay bills. In most cases they will create an estate account to handle these items and be able to provide a complete accounting to the court.
The executor can do so. It would take some pretty good convincing to get someone to right off a debt if there are assets to cover it. Such an agreement would be pretty good work!
In most countries you can not do this because it is not legal to cash a check made out to a deceased person. What needs to be done is that the executor of the deceased estate must obtain from a court a grant of probate for the deceased estate and, with is legal document, write to the supplier of the check and ask them to re-issue the check in the name of the deceased heirs.
Yes, if they have a right to the money either as a beneficiary or as payment for their work. They have to provide a full accounting to the court.