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If the Will contest is dropped placing the Executor as the sole Owner can they refuse to take possession and continue to act as Executor for the Deceased?
Wiki User
∙ 9y ago
The construction of your question reveals much confusion regarding the probate process. The withdrawal of a Will contest does not make the executor the owner, it allows the court to appoint the executor. A person is not the legal executor until they have been duly appointed by the probate court.
Once appointed the executor has the authority and responsibility of settling the estate without any interference by the beneficiaries.
Wiki User
∙ 9y ago
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Can heirs contest the sale of the home by the executor?
They may be able to contest the sale. However, the executor has the responsibility to settle all debts. The home may have to be sold to pay off the debtors.
Can an executor who is also a beneficiary contest a will he is executing?
Generally, a will contest is filed when notice has been given that someone has petitioned the court to have the will allowed and appoint an executor. An executor is not appointed until the will is allowed. If there is some dispute as to the validity of the will an executor will not be appointed until the court makes a decision whether or not to allow the will. So to answer your question, until the will is allowed by the court there is no executor. After the will is allowed and an executor is appointed, it's too late to contest the will. Sometimes information becomes available after the will has been allowed such as a later will found. That is another category of court action.
If you were a power of attorney could you become executer atfer someone die?
Yes, you could become the executor of the will. The holding of the power of attorney is a good indicator to the court that you were trusted by the deceased. However, if other beneficiaries contest the appointment, a neutral party might be appointed.
Can i contest my fathers will he left us all an equal share but my brother made me sign a form saying he is the executor which was my fathers wish can he keep all the money and give me nothing.?
Answer 1It should not be necessary for you to "contest" your father's will. First, the Probate of an estate is ruled by the laws of the state where the deceased legally lived at the time of death.The execution [signing] of a form agreeing to allow your brother to act as Executor of the Estate does NOT ALLOW the Executor to keep anything he was not provided for IN the will.The division of a deceased's assets MUST be done as was stated by the deceased IN THE WILL. However, the Executor is, by law, required to pay all obligations of the Estate, and therefore is allowed to sell assets of the Estate in order to pay those debts, but he is not allowed to take what he may want for himself.Generally, when a person dies, the family retains an attorney to assist in the Probate process, and the FIRST THING YOU SHOULD DO is to contact him/her to make your concerns known.IF your brother were to violate the legal duties of his office as Executor, you would not "contest" your father's will, but instead as a last resort, file suit against him personally for breaking the Probate law in failing to do his statutory duties. By virtue of violation of statutory law, he may be subject to prosecution by the local District Attorney.Consult an attorney in your jurisdiction for the specific laws that will apply.
Do you as executor have the power to override others in will?
As an executor, you are responsible for carrying out the instructions in the will, but you must follow the terms of the will and cannot override them. It is your duty to ensure that the deceased's wishes are fulfilled as stated in the will and to act in the best interests of the estate and its beneficiaries. If there are disputes, it may be necessary to seek legal advice or involve a mediator to resolve them.
Is trying to remove an executor from a will considered contesting the will?
Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.
Does a executor have the power to make a decision when 4 people out of 5 agree?
The executor always has the power to make the decision. They do not need to have anyone agree with them. Though the court may be able to contest their decision.
Can you contest who is executor of a will before it is probated?
Certainly you can contest it before and even during the probate period. The court is then likely to appoint a neutral party as the executor. They usually go with an attorney or a bank.AnswerGenerally, when a will is presented to the probate court to be proved and allowed the person making the petition is also petitioning to be appointed the executor. The court will order that notice be provided to all interested parties by mail and by publishing. If any wish to object to the allowance of the will or the appointment of the executor they must pay close attention to the date of the hearing stated in the notice. Objections must be made within a certain time period that varies from state to state. The court will hear the objection and render a decision. Once the period for objection has passed and the executor has been appointed it is too late to object to the appointment of the executor.
Is it worthit to contest a will that the executor was to split between 5 children but decide to keep it all because she is the survivor?
I would think that she cannot do what you are saying if there is a valid Will in place. So, Yes... contest it.
Who can contest a will?
Any natural beneficiary of the deceased has standing to contest the will. Beneficiaries of a previous will may also have standing to contest it. You will need to talk to an attorney in your state to work on the process.
Can you contest the executor fee?
Executors have a big responsibility and do a lot of work behind the scenes that the beneficiaries don't generally realize. Executor's fees are set by statute for that reason. Greedy or angry beneficiaries wouldn't pay them if they weren't required to.
Who can contest the executor of a will?
You can file an objection to the appointment of the executor during the period reserved for such objections in your jurisdictions. If you think the court appointed executor is not performing their duties properly you can file a motion with the court to have the matter reviewed.
