File a resignation with the court that appointed you.
File a resignation with the court that appointed you.
File a resignation with the court that appointed you.
File a resignation with the court that appointed you.
File a resignation with the court that appointed you.
The executor of a will typically does not have the authority to remove a trust unless specifically granted that power in the trust document or by a court order. Trusts are separate legal entities with their own set of rules and provisions that usually require specific procedures to be followed for any changes to be made. It is recommended to consult with an attorney for guidance on this matter.
The executor has a responsibility to preserve the estate. They can remove items for appraisal and sale, but the assets still remain a part of the estate until properly distributed.
First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.
The answer depends upon the laws of the state where the estate is. Every state has laws that give the grounds which serve as reasons to remove or terminate an acting executor. In New Jersey, an executor m ay be removed only for cause, such as, refusing to make an accounting if ordered by a court to do so; if he has embezzled, wasted or misappleied assets; if h e neglects to administer the estate; if he is no longer of sound mind, etc. The mere fact that the beneficiaries may not like the executor or even if there is some animosity between them is not a reason to remove the executor unles he does something harmful to the estate
File a motion with the court. They will examine the motion and make a ruling.
Not for personal use, but in order to distribute and evaluate assets, yes.
Absolutely not. Once a will has been allowed by the court and the executor has been appointed by the court, the executor must settle the estate according to the terms in the will. The executor must follow the state probate laws and works under the supervision of the court. If they mishandle the estate they can be removed and may be personally liable.
It is possible. You need to contact an attorney to file a motion with the court.
The named executor or family can secure the property and must immediately file the will and commence the probate procedure. Until appointed by the court, an executor has no legal authority over the estate. If necessary, there is en expedited process by which a temporary executor can be appointed by the court until the executor can be appointed.
Yes. A court can decide not to appoint the named executor if any interested party provides a compelling objection to the appointment. Also, the court can remove an executor and appoint a successor if it finds the executor is mishandling the estate, submits a resignation or dies while in office.
To remove an executor from an estate a petition must be filed. Then there has to be reasoning provided either ineligibility or misconduct. All this must be provided to file in order for a representative of court to review and make a decision.
If the beneficiaries of an estate want to remove the executor, they will first need a very good reason for doing so. In most jurisdictions, it will require a court action. It is best to retain a lawyer to do this.