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How long can estate stay active after the owners death in Texas and executor dies with out changing things into his or her name what will happen?
Wiki User
∙ 10y ago
The court will appoint a new executor to handle the estate. A bank or lawyer is often chosen to do this.
Wiki User
∙ 9y ago
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If the estate does not pay card balances that are small from an estate and funds are dispersed what can happen?
The executor of the estate may be liable for the debt.
Does an executor have the final say in all that happen?
They are pretty much in charge of the estate. Only the court can over ride the executor.
Can executor and beneficiary be the same?
Yes, that is often the case when a spouse dies. It saves the estate money.
Can the court appoint an executor named in the will?
That is what needs to happen. The executor would apply to the court with a copy of the will and request the appointment. The court will then issue a letter of authority for them to act on behalf of the estate.
What happen if the beneficiary named on a life policy who was separated at the time of death wants the heir named on the will to receive that benefit?
In most cases, you can decline the payment, which will go into the estate and then to the beneficiaries of the estate. Consult with the insurance company and the executor of the estate to be sure that is what you want to happen.
What would happen if a person owened a car and die but they still making payments?
The executor must make the payments from any assets of the deceased Estate until the Estate is settled.
What happen if a executor of estate under the superision of the court doesnt do what the court order?
They would be in contempt of court. They may be jailed and or fined.
How long after a family death can a beneficiary sue an executor of the estate?
The will must be admitted to probate. The executor must be appointed by the court. Then, the executor must do something that violates their legal responsibilities. That could take months or that may never happen. You seem to already have something in mind.
Does the executor of will have the right to give out life ins payout?
Possibly. First, if the policy states that the proceeds go to a specific named beneficiary, then the executor has no authority at all over it. In fact the executor has no right to even collect it for that beneficiary. Second, if the policy is payable to the estate, then the proceeds are to be distributed according to the terms of the will, not his own choices. Sometimes insurance is payable to an estate if the decedent names his estate as the beneficiary (highly unlikely) or if the named beneficiaries hav predeceased and there is no one left to receive the proceeds (it does happen but rarely).
What if executor sues the other 2 executors over a will?
Perhaps nothing will happen, because most states provide that when there are more than one executor the majority rules except where the majority is acting contrary to the interests of the estate and beneficiaries. The executor suing will probably have to prove more than there being a difference of opinion as to what should be done during administration. Such differences might involve the choice of the bank in which the estate account should be placed. If, say, the reason for the majority's choice is ease of banking with no difference in interest rates, the court would side with the majority. If the chosen bank has a lower interest rate on the estate account the court would side with the single executor. In addition, one or more of the executors might be removed as executor depending on the facts.
Is the executor of a family member's will required to carry out all of the deceased wishes even if the executor disagrees with some of the deceased's requests?
First, no one is an executor until the will has been allowed by the probate court and the court has appointed the executor. Until appointed by a court, an executor has NO power.Once appointed, the executor MUST follow the provisions of the will regardless of their personal feelings. The executor has no personal interest in the estate. They perform their responsibilities under the supervision of the probate court and will be held personally liable for any misbehavior.Every person has the right to decide what will happen to their property when they die. Those wishes are expressed in a will. Only a judge can modify the terms of a will after the testator has died..
What happen if executor of estate runs off with money from estate?
As long as they have not breached their fiduciary duties, nothing. They take all of the assets, value them, and use them to pay off all debts. If the debts are greater than the assets, the beneficiaries and remaining debt holders do not get paid.
