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.
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.
If there is no will then there is no executor. Some qualified person would need to petition the probate court to be appointed the Administrator of the estate. An Administrator is appointed when there is no will.
estate at 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.
The executor of the estate will be issued letters of authorization from the court that allow them to sell property, including vehicles and land.
Who is responsible for parents death for credit cards medical bills etc.
Executer was created in 1985.
Yes. The amount an executor can charge for their services is set forth in the state probate code.
Of course not. If the beneficiary has reason to believe the executor is mishandling the estate they should complain to the court that appointed the executor immediately and ask the court to review the situation.
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.
Yes, the Soldier and Sailor Relief Act can terminate a real estate purchase contract in Arizona.
Yes. The life tenant could use a quitclaim deed form to terminate their life estate.
Generally an estate is closed by filing the final account for allowance. Once the final account is allowed the estate is closed.
Yes, if the court is provided with compelling enough evidence to render a decision that the life estate should be extinguished.
The executor is required to execute the terms of the Will. If the Will leaves the assets to the executor, then yes. If not, then no. Exception: executors are entitled to reasonable compensation unless the Will prohibits it.
Sure, assuming someone would want it. It's not real tempting to acquire an estate that's going to terminate when the transferor's life terminates.
Yes, if the life tenant was the individual who executed the lease.
They would have to convince the court that it is reasonable. If the executor is from a long way away, small amounts might be okay. The dispensation of the estate has to be cleared by the court. Typically the court will place the executor ahead of other debtors.
You should call the department of motor vehicles for your state or check their website to see if there are instructions for a court appointed executor to transfer title.
It means whoever is deemed the executor of said will and/ or estate has now the responsibility and control over disabled/deceased individuals finances, properties, or just anything stated within the individuals will.
A power of attorney represents a living person. The executor represents the estate after death. After their death, the power of attorney is no longer valid. They can be two different people.
An executor must be appointed by the court. An executor can sell the property of the decedent, after the debts have been paid, if that power was granted in the will or if the court has issued a license to sell.
THE TENANT IS STILL ALIVE BUT HAS MOVED we need to know more facts. Who granted the life estate? Are they still alive? Were there any terms to the life estate, such as "if unable to occupy for six consecutive months, the life estate terminates". The person granted the life estate can also terminate it by filing a document at the registry of deeds.