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They would have to apply to the court. If there is controversy, they may appoint a neutral party to serve.

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Q: How do step children stop surviving spouse from becoming executor of father's estate?
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Related questions

When your named executor of your fathers will can a stepmother sell any part of an estate?

Not unless she holds title as a surviving owner.


Can the sole beneficiary act as executor if the executor for my fathers will dies.?

Yes. You can notify the court that the executor has died and request that you be appointed the successor.


Is biological son entitled to a share of fathers estate when there is no will in the state of Colorado?

You can check your state laws of intestacy at the link provided below. Choose your state then click on "Read the text". Generally in Colorado the distribution of an intestate estate with a surviving spouse and children depends on whether the surviving children are also the children of the surviving spouse.


What can you do to have executor removed if she is not preforming the duties as the executor of your fathers will?

Petition the court to have them removed and replaced. In such cases the court is likely to appoint an attorney to serve as the executor.


What rights does an executor have to claim the deceased ashes from a family member who is withholding them?

Can I claim my fathers ashes


How fathers influence children?

fathers influence their children by encouraging and being kind to them.


Can you collect money from your dead fathers unclaimed funds if your step mother was the estate representative and she has since remarried?

It would depend on the laws of the specific jurisdiction and the specific circumstances of the situation. Generally, heirs or beneficiaries may have a claim to unclaimed funds, but it is best to consult with a lawyer or probate court to determine your rights in this situation.


Can you be made executor to fathers will after he is dead?

You can apply to be appointed executor of your father's estate. The court will issue a letter of authority. You will be required to distribute the estate according to the intestacy laws of the state.


What rights do you have for your fathers remains versus your stepmother?

A surviving spouse would be next of kin in that case. A surviving spouse would be favored if the matter was brought before the court.


Does wife have control of dead fathers estate if married in Mexico?

If the marriage was valid then she is the surviving spouse. The children may also have rights. You can check the laws of intestacy for your state at the related question link provided below.


What is the effect of gay fathers on children?

Many studies done over the past 20 years show that there is no effect of gay fathers on children, as compared with heterosexual fathers.


Do children get to see their fathers Will when the stepmother is the executrix?

Typically, children do have the right to see their father's will, regardless of who the executor is. They may need to request a copy of the will from the executrix or the probate court in order to review its contents. Communication and transparency are key in these situations to ensure all parties involved understand the distribution of assets.