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What else can I help you with?
What is the remedy when an executor withholds property?
A court appointed executor must settle the estate with as much expediency as possible. When the executor acts in an unreasonable manner a complaint an be filed with the court. The court will hear the evidence and if it decides the executor is not performing their duties appropriately it can issue a court order to compel the executor to act. If the neglect continues the beneficiaries can request the executor be removed and a successor appointed. You should speak with the attorney who is handling the estate.
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.
If the Will contest is dropped placing the Executor as the sole Owner can they refuse to take possession and continue to act as Executor for the Deceased?
The construction of your question reveals much confusion regarding the probate process. The withdrawal of a Will contest does not make the executor the owner, it allows the court to appoint the executor. A person is not the legal executor until they have been duly appointed by the probate court. Once appointed the executor has the authority and responsibility of settling the estate without any interference by the beneficiaries.
How a spouse can be appointed execetor by probate court?
When they apply to the court. The court will issue a letter of authorization appointing the executor.
What do you charge for being an executor and what do you charge for and how much?
That will depend on the laws in your jurisdiction. Most states have passed some sort of cap, often a percentage of the total value of the estate. And the court has to approve the payment.
My mother just passed and my brother is named executor. He is going through a bankruptcy and personal tax issues should he be appointed as executor?
Your brother already has enough going on. The duties of being executor would be too much. Someone else in the family should petition to be appointed executor and your brother should decline.
How much can you charge for an executor fee in state of Maine?
five percent
How much should an executor get paid?
Executors don't normally work on commission. An executor is entitled to a reasonable fee for services rendered. The probate court may even have a published fee schedule based on hourly rates. The executor must submit a detailed accounting of the estates assets and the distribution, including their fees,to the court for approval.
How much does the executor get paid in Kansas?
In Kansas, the executor is entitled to a fee for their services typically based on a percentage of the value of the estate. The amount of compensation can vary and is subject to agreement between the executor and the beneficiaries or approval by the court. It is recommended to review the specific details of the estate in question and consult with legal counsel for guidance.
What happens if the family of a deceased person object to the executor of the will?
I am not an attorney. You could mean that family don't like the person chosen to be the executor, or that family object to something the executor is doing. Not liking the person is petty, and not worth getting upset about. The executor was chosen by the deceased, and if the will is in order and if the executor is doing everything properly, then you just suck it up until the assets are distributed. If the executor is not following the exact specifications in the will, then there is a problem. Family should be able to obtain a copy of the will, and if the executor is misbehaving then probate court has to come into the picture. Even when there is a will, the process is handled by probate court, although the process is much more streamlined when there isa will. But the provisions of the will have to be determined to be legal by probate court, and no executor can simply do what he pleases without regard to the provisions of the will. It sounds like probate court may be able to help you.
As a beneficiary of your grandmother's will does the attorney who is handling the estate have the right to not accept your calls per the instructions of the executor?
You haven't added any details so I must make an educated guess as to why that situation would occur. It would make sense if you are calling too frequently and with unnecessary questions. The probate process generally runs along at its own speed and follows an extremely predictable pattern. Part of an attorneys usual representation of an estate is not fielding a high volume of questions from the beneficiaries. The executor has the authority to settle the estate once they have been appointed by the court and as long as they are progressing with as much expediency as the court process allows then you should direct your questions to the executor. However, you must listen to the answer and be patient as long as the executor is performing her tasks properly. If you have a legitimate concern that the estate is not being handled properly then you can file a motion with the court to have the executor removed and a successor appointed. You can even hire your own attorney to represent the estate. However, in order to be successful, you will need compelling evidence.
Can an executor find out how much money is in deceaseds bank accounts?
Yes, once they have been appointed by the probate court and Letters Testamentary have been issued. Take your Letters Testamentary to the bank with you. That document gives you the legal right to access the decedent's assets including bank accounts.
