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How would an executor of a will decide on how to distribute items that belonged to the deceased?
Wiki User
∙ 11y ago
The first authority would be the will and what it said. The second authority would be the intestacy laws of the state.
Wiki User
∙ 9y ago
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Can a deceased executor be replaced and do the heirs of a deceased executor have the right to be appointed to replace their parent?
The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.
What if there is no will who has authority to become executive?
In most cases, if there was no will made by the deceased, the state would be the executor and they would decide the fate of the deceased person's assets. You might be able to find out the details on a legal website such as www.nolo.com- good luck to you, and I hope my answer helps you.
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..
If you are supposed to receive inheritance money from a will but it doesn' state the age you are supposed to get it do you automatically get it when you turn 18 or does the will holder get to decide w?
When you become an adult, you are entitled to the money. The executor has no choice but to distribute the money.
What is the Maine executor fee?
There is no set Maine executor fee. It is up to the executor and the court to decide a reasonable amount for a fee.
What can you do when deceased informed heirs how estate was to be distributed in front of witness The only will deceased has named a executor and does not have latest wishes included?
You can bring your story to the court during the statutory time period allowed for making objections to the will. The court will hear the story and then decide whether or not to allow the existing will. A written will usually takes precedence.
Can a executor distribute the estate more fairly?
Absolutely not. That would be a violation of law. One of the most sacred and ancient rights under common law systems is a person's right to decide how her property will be distributed after her death. The executor cannot change the last will and testament. Their legal obligation is to submit the will to the probate court and then follow its instructions to the letter if they are appointed as executor by the court. Until all that has taken place, the person named as executor has no legal authority whatsoever.In this case "fair" is to be judged solely from the perspective of the testator.
Can an executor be set aside in probate?
Yes. A court can decide not to appoint the named executor if any interested party provides a compelling objection to the appointment. Also, the court can remove an executor and appoint a successor if it finds the executor is mishandling the estate, submits a resignation or dies while in office.
What should you do if the named executor who is also the main beneficiary is not acting in the best interest of the other heirs?
Either renounce or administer the estate or pay a professional to deal with the matter and the fees would be met from the estate. It is up to the executor to decide. If the exector decides to administer the estate, he or she can be paid a fee (amount varies by state and county). The executor is not a beneficiary and the beneficiary is not the executor. The beneficiaries really have no say as to what the executor should do (i.e., adminster estate, hire attorney to represent estate, or renounce). The executor has a sworn duty to administer the estate in accordance with the deceased's will and the laws of the state and county of probate.
Does the executor decide who can live in their parent's home?
Its possible if the will states it and there is no state law that would prevent it.
Can a child choose who to live with if custodial parent is deceased?
No. The court will decide.
When an estate is going through probate how does the executor decide what property must be sold to pay off bills?
That is up to the executor to decide. They can use any method they wish to do so, as long as the court approves. In most cases they want to sell as few things as possible.
