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If the executor of the will who is the deceased daughter disowns one of her sisters an heir to the estate can that executor be removed because of a conflict of interest?
Wiki User
∙ 9y ago
Yes, you can go to a lawyer and have him "contest the Will" for you. The reason for this is, if you don't trust your relative who is Executrix (women) Executor (man), just this action alone will make that relative "stand up and fly right" because they could get into trouble. What is due you, you should get! Also if their are other Heirs besides yourself you can contact them and if you out number the Executrix they have to go! An Executrix or Executor can actually refuse to take on this responsibility.
An Heir in any Will has a right to a copy of the Will (which may cost a few dollars to get) if the relative refuses to provide it. An Heir has every right to get a copy of the Will and I suggest you do that. An Executrix is not an easy job and are legally bound to provide an account of all monies in bank accounts, properties, contents, etc., to Probate (and it had better be right.) Probate is when all out-standing taxes and debts have been paid off. If there is a business they it's more complicated because if that business is making a profit it could well be that all profits are divided equally between all Heirs of the Estate. When all accounts have been checked into and that any properties, mortages have been paid off in full. If not, then it will come out of any monies left by the deceased. An Executrix has to account for every cent.
I Probated a Will for my mother-in-law and it wasn't that hard and I hired a CGA to help me. I provided tax receipts, etc., and kept books.
Another Perspective
Once an executor has been appointed it is too late to contest the Will. The question does not hint at any material defect in the Will. Removal of an executor is up to the discretion of the court. Any person who has an interest in the estate can petition for the removal of the executor for a just cause. The court will consider the petition for removal under the provisions of state law and will review the particular facts of the case.
Removal of the executor is not done lightly. There must be a reason serious enough to compel the court to act. The testator may have chosen the executor because of her special skills and integrity. The disowned sister may be the family troublemaker. That situation alone would not generate a conflict of interest.
Generally there needs to be some misconduct, breach of duty or conflict of interest by the executor. In the case of family strife, the court may consider whether it is no longer possible for the executor to her duties in an impartial and objective manner. The court may find that mistrust and hostility has developed to such a degree that the beneficiary can no longer accept the executor's actions and decisions. Or, it may conclude that the executor is performing her duties as expected under the law and in the spirit of the will.
In any case, the removal of the executor rests solely within the discretion of the court.
Wiki User
∙ 9y ago
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What if Surviving spouse is executor and also creditor?
They can't be both. They can either be the executor of the will (carrying out the wishes of the deceased) - or a creditor (being owed money by the deceased). If they act as both - there could be a conflict of interest (and accusations of theft or fraud). The's far easier to have an independent person to act as an executor - then they don't have any financial interest in the deceased's will.
How do you find out who the executor of your grandmas unclaimed money is when she did not have a will?
If your grandmother is still living, you can't. If she is deceased, the executor of the will is required to notify you if you are in the will. If there is no will, and your parents are deceased, then you should contact the probate court and/or executor.
Does an executor have a conflict of interest if he has borrowed a large amount of money from the deceased and has not paid it back to the estate upon due prior to deceased death?
There should not be a problem as long as everything is properly documented. The loan will count against their portion of the estate. If there is not enough money in the estate to pay the debts, they will have to pay them back.
Can executor pay her daughter to paint the house to ready it for sale?
Usually, yes, however, the executor is running a risk. An executor is not prohibited from hiring a relative merely because she is a relative. However; the executor may not pay that her more than the job is worth. No sweetheart deals, even if the daughter is a sweetheart. But that type of transaction is subject to challenge since it is inherently a conflict of interest for an executor to hire relatives to do things. The beneficiaries have the right to contest the amount paid if that amount is unreasonable or if the job done is substandard. If the executor overpays or gets a sustandard job, he risks having to reimburse the estate for the difference between what he would have paid to a professional and what he paid to his daughter.
Can a notary notarize her daughter's marriage license request?
No, it is a conflict of interest.
Is an executor responsible to an inheritor to fincancil records of the deceased?
The executor is responsible to the court. Anyone with an interest in the case can present his concerns to the probate judge. The executor does not owe anyone anything. No one can tell the executor to do anything. If the probate judge instructs the executor to give you a copy of the report, you will get a copy of the report. If you do not present your concerns to the probate court, you are Sadly Out of Luck.
If a person is married is the executor of their will responsible for paying there bills?
The executor is responsible for making sure all assets in the will are accounted for, along with transferring these assets to the correct party. He or she 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. The executor can be almost anyone but is usually a lawyer, accountant or family member, with the only restriction being that he or she must be over the age of 18 and have no prior felony convictions. Source: Answers.com
Can your sister who is listed as an executor along with you also as an executor try to have you removed as an executor on your mothers will?
Yes, she can petition the court to be the sole executor. If there is conflict, the court may very well appoint a third party, a bank or attorney, without a vested interest in the estate. This typically costs the estate money in the form of compensation to the executor.
Does executor have right to sell house if you own half?
If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.
Can a person be an executor to the estate he owes money to?
Yes. Nothing prohibits a testator from choosing a person as his or her executor simply because there is a debt between them. In the matter of who is to be the executor, courts go to great lengths to honor the wishes of the deceased. The beneficiaries will be able to challenge in court the manner in which the executor handled repayment. An executor might be held to a higher standard of proof if he or she disputes the claim in full or in part than any other creditor might be held to. In other words, although it appears that there is a conflict of interest in the executor handling his/her own claim, there are remedies available to beneficiaries to ensure proper handling of that claim that do not thwart the decedent's personal choice of the person to be the executor.
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..
Can someone have medical power of attorney at the same time be executive to the patients will?
Yes, someone can have medical power of attorney and be named as the executor of a patient's will at the same time. These roles serve different purposes and do not necessarily conflict with one another. Medical power of attorney grants an individual the authority to make healthcare decisions on behalf of the patient, while the executor of a will is responsible for handling the deceased person's estate and carrying out their wishes as stated in the will.
