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I am assuming this question relates to a situation where the executor has already been appointed and the beneficiaries are unhappy with the administration. You can file a lawsuit in the probate court demanding the removal of an executor, however you will have to prove that the executor is acting unlawfully to the detriment of the estate or otherwise not fulfilling his/her duties. Mere animosity between an executor and beneficiaries without proof of some substantial wrongdoing will not serve as grounds for the court to order a removal. These lawsuits should not be filed unless there is serious wrongdoing because with legal fees for both sides a lot of the estate can be spent in the litigation. Besides, courts offer beneficiaries other remedies for problems, such as forcing an executor to make an accounting. Most Courts consider removal of executors a drastic measure.
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∙ 12y ago
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If granter is not dead can he terminate a life estate?
The grantor can terminate a life estate if she reserved the right to revoke it. Otherwise, only the life estate holder or a judge can terminate a life estate if the life tenant is living.
What kind of estate can be unilaterally be terminate by a lessor or lessee?
estate at will
Who is the executer of the will?
They are the person responsible for executing the will. They open the estate, pay the debts and distribute any remaining assets. They also account to the court and file taxes on the estate.
If named the executer of an estate how do sign over or sell any cars that are apart of the estate?
The executor of the estate will be issued letters of authorization from the court that allow them to sell property, including vehicles and land.
Can you change executer to your will?
can you change executer to my will
Does the executer get paid for handling the estate?
Yes. The amount an executor can charge for their services is set forth in the state probate code.
When was Executer created?
Executer was created in 1985.
Can you be an executer for someone if you live in a different state than they do?
Yes. It can be more difficult, because the court visits have to be in the state that is probating the estate, but it is often done.
Can a quit claim deed be used to terminate life use?
Yes. The life tenant could use a quitclaim deed form to terminate their life estate.
Can soldier and Sailors Relief Act terminate a real estate purchase contract as a seller because of PCS order being cancelled in Arizona and how?
Yes, the Soldier and Sailor Relief Act can terminate a real estate purchase contract in Arizona.
Can civil court terminate life estate?
Yes, if the court is provided with compelling enough evidence to render a decision that the life estate should be extinguished.
You have concluded all of your duties as the Independent Executor of an estate and you need to know How do you terminate the estate and your fiduciary relationship?
Generally an estate is closed by filing the final account for allowance. Once the final account is allowed the estate is closed.
