0
If the executor of an estate is not doing a proper job of completing the probate process unnecessarily delaying completion of the probate process how can one have them removed as executor in NY State?
Wiki User
∙ 13y ago
You can petition the court to have them removed. They are likely to appoint a neutral party to be the executor. It might be the right time to consult a probate attorney.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
Can a co-executor delay distribution of funds indefinitely?
No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.
How long can an estate stay active after the owners death?
There is generally no specific time limit on an estate staying open and active. Some estates are much more complicated than others and may involve litigation that would delay completion in what otherwise would be a reasonable time for completion. Most states require completion in a prompt manner depending on the nature of the estate. In New Jersey, after 1 year, beneficiaries can have the probate court order the executor to file an intermediate accounting showing the status of the estate and explaining why it is still open. If the executor is delaying things unnecessarily, the court might remove him/her and appoint another. Check the laws of the jurisdiction where the estate is to find out the specifics of that jurisdiction.
Do you need a new executor if original dies before completing disbursement of assets?
Yes.
How long after a death does the executor have to settle the estate?
That time period is generally governed by state laws. In most cases the executor should submit the will for probate within 30 days and thus commence the probate process. The executor has an obligation to settle the estate as soon as possible and with expediency. It is a violation of their duties as executor to drag it out unnecessarily.
Dealing with a hostile co-executor what are my options before seeking legal counsel?
You should report the situation to the court that made the appointment and file a motion asking that the hostile co-executor be removed. Be prepared to provide the court with several examples of how the co-executor is delaying the settling of the estate. Stick to the facts in your complaint.
What rights does a co executor have if the other co executor is delaying settling the estate?
The co-executor's rights are most likely limited to bringing an action to have the other co-executor removed for failing to fulfill the obligation to settle the estate expeditiously or to force the coexutor to perfom some ministerial act required to move the estate forward or be removed. The action may also request that the delaying co-executor pay damages, if any result from inexcusable delay, or interest or even forfeit some or all commissions due to him/her for acting as executrix. One co-executor usually cannot simply assume total control of the estate and move forward, because, in most states, when there are more than one executor, it takes a majority to act, and when there are only two executors, there is no majority.
Can an executor of an estate sell the house for an amount that is not agreed upon?
United StatesYes. The executor must be appointed by the court. Once appointed they have the authority to settle the state according to the provisions in the will and state laws regarding estates. They do not need the permission of the beneficiaries to act once they have been appointed. That is the purpose of having an executor. If they needed the permission of the beneficiaries, the probate process would be unnecessarily complicated and might never be completed.Generally, the executor must act expeditiously and in the best interest of the estate. They cannot sell property for less than fair market value unless they have that power granted in the will or have a good reason to support their actions. The executor is personally liable for any waste to the estate caused by their actions. If permission to sell the real estate was not granted in the will the executor must obtain a license from the court.
Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
What is the difference between co-executor and independent co executor?
What is the difference between an independent co-executor and a co-executor
Can an executor be beneficiary of a will in CT How can an executor be removed by an heir?
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
Can wife be executor of will?
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
When a will is set up or changed does the executor have to sign the will?
The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.
