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either by the deceased in the will or by the probate judge
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Can a person who was living with your dad prevent his children from being appointed executor of his estate?
In general, a person living with your dad does not have the legal authority to prevent his children from being appointed as executor of his estate. The appointment of an executor is typically determined by the person's will or by law if there is no will. Family members are usually given priority in being appointed as executors. It is advisable to consult with a legal professional for specific advice regarding this situation.
Does an executor have to go to court for power?
Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.
Is a Will valid if the only one Executor appointed in it dies?
Yes. The court will appoint a new executor when it is notified that the first executor it appointed has died.
How do you get Executor Power?
Generally, in order to be appointed the Executor of an estate you must present the Will to the Probate Court for allowance and at the same time petition to be appointed the Executor.
Will a POA become the executor if none is named in a will?
They could petition to be appointed executor. The court will determine who should be appointed.
When should an executor of an estate know they are appointed executor?
When the testator has passed away. That is when their duties begin. The first thing they have to do is file with the probate court to be appointed as executor.
Can the executor of the estate appoint himself as power of attorney?
No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.
How do you remove appointed executor?
You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.
Can an attorney in Texas who drafts a will be appointed executor in the will?
It is common for an attorney to be appointed executor. Other choices are banks or the court can appoint someone.
Can wife be executor of will?
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
Can an executor remove an heir in Pennsylvania?
No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.
If an executor does not distribute the assets can those included in the will force the executor to do so?
First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.
