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You should consult with an attorney who specializes in estate planning and probate who can review your situation and explain your options.
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What is the first step in serving as Executor of a Will?
Secure the property, hire an attorney and get the will filed in probate.
Does the executor of an estate pay attorney fees out of their compensation?
They do not pay the estate attorney's fees, the estate does. If they hire their own attorney, yes, they have to pay them.
What happens if someone files for adverse possession during probate?
The executor has to defend the estate. They will have to hire an attorney to settle the case.
When an elderly has been declared incompetent dementia can the change the executor?
It is called 'Power of Attorney' when a person is still living, but unable to make their own decisions regarding money or medical matters. No, the elderly person if found incompetent cannot change the executor in the Will. If for instance the executor is John Doe, but Power of Attorney is Jane Zero then Jane Zero will be the one making decisions over money and medical matters according to the elderly person's Will. One can hire a lawyer to see if there are any legal loop holes to change things around should there be any problems protecting the elderly person as the Power of Attorney or Executor as it stands to date.
How can an heir enforce an account from executrix that was appointed by the surrogate court of the state of New York Queens County?
You can hire an attorney and file a motion to have her removed. However, a court approved Executor has great power, and your case had better be strong.
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.
What is the first thing an executor of a will should do?
Upon the death of the testator the person who was appointed executor in the will, if living and available, should secure the property and choose an attorney to carry out the probate of the estate. She must take the will to the attorney so a petition can be presented to have the will allowed and have the executor appointed by the court. Until the executor is court appointed no one has the power to do anything with the estate. If the named executor is not available then any family member or beneficiary may contact an attorney to commence the probate of the estate.
Can a Power of Attorney stop a beneficiary from getting a copy of a mother's will?
In general, a Power of Attorney does not have the authority to prevent a beneficiary from accessing or obtaining a copy of a will. The Power of Attorney is a legal document that grants authority to someone to act on behalf of another person, typically for financial or legal matters. The beneficiary's right to obtain a copy of the will is separate from the powers conferred by a Power of Attorney.
My sister was the executor she paid nothing spent several thousand didnt talk to me I had to hire an att to get her bring the estate to probate now im in preforeclosure what can i do?
Ask your attorney to sue her.
Where may one file a professional negligence claim?
One would hire an attorney to file a professional negligence claim. One can use the 'Pro Neg' website to hire such a lawyer and they will give all the advice one needs.
Where can I get a power of attorney in my area?
A power of attorney document can be created by almost any lawyer in your area. Since you are starting a small business, find a lawyer in your area that you can work with for a long period of time if necessary and hire them to create the power of attorney document.
How do you divide buy and deed a portion of property?
You hire an attorney who specializes in real estate law.You hire an attorney who specializes in real estate law.You hire an attorney who specializes in real estate law.You hire an attorney who specializes in real estate law.
