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The will must go into probate. That is your opportunity to challenge the actions of the executor. A probate Judge will hear you on these issues and rule according to state law and in the fair interests of those involved.
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∙ 14y ago
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Can children f the deceased challenge a will and challenge the executor in Ontario Canada?
They have the right to challenge the will and executor as possible beneficiaries.
Can one heir challenge an executor?
Yes. Anyone with an interest in a decedent's estate can do so. An heir would be such an animal.
If a beneficiary did the job of the executor and the executor still wants their comission can you challenge them in court?
Of course you should bring the matter to the attention of the court. However, the court may consider the person who did the work for the executor a volunteer. The executor was the court appointed estate representative. The beneficiary should have stayed out of it. It brings to mind the Tom Sawyer story about painting the fence.
Does a daughter have to be informed by the executor of a will that she has been written out of her mothers will?
It would make sense that the executor should do so. Otherwise they are very likely to have the will challenged in court. That does not mean that the daughter will get to inherit anything, but the estate will be diminished if it has to undergo legal challenge.
In NJ can an Friend Attorney or his wife be the writer attorney executor and be the beneficiary of a greater than equal amount of the estate?
That is a terrible idea. Having the same attorney write the will, act as executor and be named beneficiary would leave the will wide open for challenge. You should have an objective third party draft the will and follow their advice about naming the executor.
What if executor refuses to pay siblings on legal will drafted by an attorney very clear as to money being paid exactly as per will. Executor has history of abusing siblings Refuses to obey.?
If the executor is not fulfilling their duties as outlined in the will and is refusing to distribute the assets as specified, the siblings have the legal right to challenge the executor's actions in court. They can petition the court to compel the executor to follow the terms of the will and may also consider seeking legal advice to understand their options and rights in this situation.
Can an executor witness a will?
No. An executor, onced appointed by the court, has complete and uninhibited access to the decedent's assets. Therefore the executor derives some benefit from the will and should not be a witness. If the other witness should be unavailable to testify regarding an objection to the will the executor as the sole available witness would cause the will to be exposed to challenges.
Can you hire an attorney to challenge an Executor's decision regarding the estate?
In the United States you can if the executor is not performing the functions of an executor properly. An executor can be sued to either remove him as executor, to surcharge him for losses he may have caused to the estate or to force him to do what he is supposed to, like transferring assets. If an executor causes monetary losses to the estate, he can be sued to make him reimburse the estate for the losses either from his own pocket or from his statutory commissions. All states in the US have statutes that govern the duties of executors and spell out the remedies beneficiaries and third parties have.
Can a person be an executor to the estate he owes money to?
Yes. Nothing prohibits a testator from choosing a person as his or her executor simply because there is a debt between them. In the matter of who is to be the executor, courts go to great lengths to honor the wishes of the deceased. The beneficiaries will be able to challenge in court the manner in which the executor handled repayment. An executor might be held to a higher standard of proof if he or she disputes the claim in full or in part than any other creditor might be held to. In other words, although it appears that there is a conflict of interest in the executor handling his/her own claim, there are remedies available to beneficiaries to ensure proper handling of that claim that do not thwart the decedent's personal choice of the person to be the executor.
Can executor pay her daughter to paint the house to ready it for sale?
Usually, yes, however, the executor is running a risk. An executor is not prohibited from hiring a relative merely because she is a relative. However; the executor may not pay that her more than the job is worth. No sweetheart deals, even if the daughter is a sweetheart. But that type of transaction is subject to challenge since it is inherently a conflict of interest for an executor to hire relatives to do things. The beneficiaries have the right to contest the amount paid if that amount is unreasonable or if the job done is substandard. If the executor overpays or gets a sustandard job, he risks having to reimburse the estate for the difference between what he would have paid to a professional and what he paid to his daughter.
Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
What is the difference between co-executor and independent co executor?
What is the difference between an independent co-executor and a co-executor
