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If the executor of an estate does not follow the will how long do you have to do something about it?
Superdave1763
I do not know the exact answer to your question, however, I always go to the local courthouse and ask the clerk of courts. In my area (Massachusetts) there are lawyers who volunteer their sevices free. Each day there is a different lawyer on hand to answer your questions and it is free.
If you go make sure you have as much information as possible...like
1. How do you know there is a will?
2. Who has control of the documents?
3. What is the relationship of the deceased to you?
4. Why do you think you have a claim on the estate?
5. Is there a lawyer involved with the execution of the will?
6. Who is keeping you from seeing the will and getting what you believe has been willed to you?7. Has the will been probated yet? Where?
There will probably be more questions for you but only someone who is legally qualified to give you that info is legally allowed to answer you.
A former editor of Fortune Magazine said, "Laws are made by lawyers, for lawyers, with no regard for anyone else." After seeing the clerk of courts you might try a para-legal but you may have to get a lawyer anyway.
These are only suggestions because I am not a lawyer and do not give legal advice. All I related to you is what I would try if I was going through the same problem you are asking about. If you want to copy me... that is your choice. Good luck.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoThey should be reported to the court that made the appointment and removed. The court will appoint a successor.
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Does the executor fee continue as long as the estate has property?
Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.
Can an unpaid executor get paid for gasoline expenses?
As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.
Can i become executor of an estate after my father's death?
There is no reason you cannot become executor of an estate as long as the court agrees. As long as you are 18 or older, you can serve in that capacity.
How long after a family death can a beneficiary sue an executor of the estate?
The will must be admitted to probate. The executor must be appointed by the court. Then, the executor must do something that violates their legal responsibilities. That could take months or that may never happen. You seem to already have something in mind.
How long can you remain executor?
As long as the estate is still open. There is not specific length of time.
Can a town sue an executor of an estate for back taxes if the estate already settled if so how long do they have to make a claim?
Yes, they can sue the executor. They breached their duty if they did not resolve the taxes before closing the estate.
Can an executor transfer the decedent's property into their own name under a executor deed?
You haven't included enough detail. Self dealing by a fiduciary is against the law.The executor must be appointed by the court and then must follow the provisions in the will and state probate laws. The provisions in the will should include what to do with the real estate. In order for an executor to transfer title to real estate they must have that authority granted in the will. If the authority was not granted by the testator the executor must apply for a license to sell the real estate and before it grants the license to sell the court will examine the proposed transfer.
Does the will take long if you have an executor?
It depends on the complexity of the estate. It may also depend on the wording of the will.
How long can estate stay active after the owners death in Texas and executor dies with out changing things into his or her name what will happen?
The court will appoint a new executor to handle the estate. A bank or lawyer is often chosen to do this.
How long after a death does the executor have to settle the estate in Illinois?
In Illinois, there is no strict deadline for the executor to settle the estate after a death. However, it is generally expected that the executor will complete the process within a year of being appointed. Delays could occur due to the complexity of the estate or legal challenges.
How long does an executor have to administer a will in NC?
As long as it takes. Not trying to be flippant, but each estate is different and there is no legal limit. The executor has to make regular reports to the court to demonstrate movement.
How long after a death does the executor have to settle the estate Australia?
Estates do not have time frames. A complex estate can take decades to resolve and settle.
