As executor you are responsible for collecting in the estate, applying for probate (if necessary) paying of any debts and dsitributing the assets according to the wishes in the Will.
Make sure you are happy to complete the whole process from start to finish. If NOT do not start the process. Once you start to act you are not allowed to stop. Visit http://www.iwc-ltd.co.uk/executors-duties.html for more details.
If you are the sole Executor you do not need signatures from any beneficiaries.
No. Only the court can appoint an executor. You could petition the court to name your sister as co-executor but make certain you provide a good reason to support your request.
What is the difference between an independent co-executor and a co-executor
No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.
The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.
A co-executor is someone who co-ops in the execution of legal documents such as wills.
No. The co-executor must file a resignation with the probate court in order to free themselves of any obligations and responsibilities in the estate and to notify the world they will no longer be serving as co-executor.
You should report the situation to the court that made the appointment and file a motion asking that the hostile co-executor be removed. Be prepared to provide the court with several examples of how the co-executor is delaying the settling of the estate. Stick to the facts in your complaint.
The following is general information only. You should consult with an attorney in your jurisdiction who specializes in probate law. The testator usually names the executor in the will. When the testator dies, the named executor files the will for probate and must also petition to be appointed as the executor at the same time. The executor has no power or legal authority until they have been appointed by the court. If your mother didn't name you as co-executor in her will then you will need to consult with the person who was named in the will. Perhaps they would consider allowing you to join in the petition for appointment as a co-executor.
Yes. Generally that person would appoint an agent who can act on their behalf. You should discuss this with the attorney who is handling the estate. A simple "Appointment of Agent" form is available from the probate office. You could grant that power to the resident co-executor or some other trusted person who is available to co-sign for you as co-executor.
Upon his remarriage, his will became null and void, as his spouse became co-owner of the estate.
You should submit a petition to the court to have the co-executor removed. Explain your reasons clearly and provide evidence of examples of their failure to perform their duties.