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If someone is made discretionary executor of a will are bound by law to carry out the wishes of the person who made the will?
Wiki User
∙ 15y ago
Generally, the powers that ARE discretionary are set forth in the will. The executor cannot make changes to the provisions in the will unless the will explicitly gives that power. The duty of the executor is to carry out the provisions in the will. You should discuss this topic with an attorney.
Wiki User
∙ 15y ago
Yes, the executor is legally bound to carry out the wishes stated in the will to the best of their ability. They have a fiduciary duty to act in the best interests of the estate and its beneficiaries, and failure to fulfill their responsibilities can result in legal consequences.
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can an executor override rest of his siblings?
An executor is responsible for carrying out the wishes outlined in a will, which typically includes distributing assets as instructed. In general, an executor does not have the authority to override the instructions of the testator or make decisions that go against the will's provisions. The executor's role is to fulfill the wishes of the deceased individual as outlined in their will.
How do you receive money left to you in a will?
You can receive money left to you in a will by following the instructions laid out in the will, such as contacting the executor of the estate or the probate court. Once the will has been probated and any debts and taxes have been paid, you should receive your share of the inheritance as outlined in the will.
FWhat is excutor of will mean?
The executor is responsible for making sure all assets in the will are accounted for, along with transferring these assets to the correct party (parties). Assets can include financial holdings, such as stocks, bonds, or money market investments; real estate; direct investments; or even collectibles like art. The executor has to estimate the value of the estate by using either the date of death value or the alternative valuation date, as provided in the Internal Revenue Code (IRC) The executor also needs to ensure that all the debts of the deceased are paid off, including any taxes. The executor is legally obligated to meet the wishes of the deceased and act in the interest of the deceased.
If uncontested are the decedents wishes generally carried out?
Yes, if a decedent's wishes are clearly outlined in a will and there are no challenges or disputes from interested parties, those wishes are generally carried out by the executor of the estate. Probate court oversight may still be required to ensure the proper distribution of assets according to the will.
Does executor of estate have right to keep house?
As the executor of an estate, you are responsible for executing the wishes outlined in the deceased person's will. If the will specifies that the house goes to a specific beneficiary, then you must follow those instructions. If there are no specific instructions, you may need to sell the house and distribute the proceeds according to the will or laws of the state.
What if the father IS NOT the executor in the mothers will?
Then someone else is and must follow the wishes of the deceased.
Does a executor have the right to remove someone from a will?
The executor does not get to choose to remove someone. The wishes of the testator, as evidenced by the will, have to be followed. The court could remove someone from the will if it had a compelling enough reason to do so.
A person who carries out or manage affairs?
One possibility is the word "executor". It is common for people to assign one person as the executor of their will. This person is responsible for seeing that the deceased person's wishes, as expressed in the will, are honored.
Best describes the person who oversees the reading of your will and ensures your last wishes are followed?
executor
What best describes the person who oversees the reading of your will and ensures your last wishes are followed?
executor
How do you use the word executor in a sentence?
THe executor helps deliver the wishes of the will.
If the admin in a trust moves to another state before executing or probating the trust can another person from out of state perform it?
Only the person appointed by the court can handle a will, trust or inheiritance. If the appointee wishes to give up executor position then the court will assign someone else. In most states the executor does not have to be a resident.
Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?
Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.
Can legal action be taken against an executor of an estate if he does not follow wishes of heirs?
The executor is required to execute the terms of the Will, or follow the laws of intestacy (if there was no Will), not comply with the wishes of the heirs.
Who should you get as executor of your will?
Someone that you trust to do follow your wishes. It may be best to appoint a neutral party. Banks and attorneys are often asked to serve.
Can an executor follow verbal wishes as well as last will wishes?
maybe, it depends what you wish for :P
Can a executor change a will after parents death?
No, the executor is responsible for carrying out the decedent's wishes as spelled out in the will, but the will itself cannot be changed.
