Estates
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Siblings

If the sibling who is named as executor by a parent refuses to perform the duties of executor how can other siblings have access to family memorabilia and documents?

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2013-02-28 00:32:33
2013-02-28 00:32:33
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Executor (male), Executrix (female) has the right to refuse this duty. It is best to seek legal counsel and one of you can take over the duty. It is best when making up your own Wills that you name more than one person as either Executor or Exectrix (or both.) In some cases, and depending on what State you live in this Estate can go to a "Trustee" and they will deal with it and you have the right to have a copy of the Will and be contacted if there are any problems with the Will. After Probate and all creditors and taxes are paid (can take up to one year) then the person "Trustee" can gather the heirs in the Will and distribute the money.

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The person named as the executor of a will does not need the signature of siblings to perform this function UNLESS they too are named as executors in which case the signatures of ALL the executors are required to dispose of the estate.

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In the United States an executor must be appointed by the court. In Canada an Executor can be assigned through the will by the deceased. The executor must prepare all the documents and perform all the due diligence prior to the estate being granted probate by the courts. The executor is the designated person who handles all the affairs of the deceased and is the liaison person between the beneficiaries and the lawyer.

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If you mean your father's siblings, no. If you mean your siblings not necessarily. The estate should pay all outstanding debts before any inheritances are paid out. The executor named must perform these duties and provide proof of all expenditures.

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Petition the court to have them removed.

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Complain to the court immediately. The court can compel the Executor to file an accounting or replace the Executor if they will not perform their duties with expediency.

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You can petition the probate court to replace them. If the executor is another family member, they may appoint an attorney or bank to serve as executor.

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They should be reported to the court immediately. The court can replace an executor who fails to perform their duties responsibly.

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The beneficiaries should visit the court and complain to the court that appointed the executor immediately. The beneficiaries can file a motion for the court to compel the executor to perform their duties. The beneficiaries can also file a motion to remove and replace the executor.

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Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.

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No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.

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The beneficiaries can submit a petition to the probate court for the removal of the executor and the appointment of a successor.

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You should submit a petition to the court to have the co-executor removed. Explain your reasons clearly and provide evidence of examples of their failure to perform their duties.

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First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.

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There is usually a procedure to 'renounce' executorship, but renunciation must be done before the named executor takes even one step. Otherwise the executor would have to apply to court to be relieved of the executorship.

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$10.00 per stamp to notarize documents; $30.00 to perform a marriage ceremony

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Yes. Until an executor is appointed by the court they have no power or authority. Once appointed they are obligated to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. An executor who abuses their authority or fails to perform their duties with honesty, integrity and expediency should be reported to the court. They can be removed and replaced and are personally liable for any damages caused by their actions.

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If the period during which creditors can make a claim has passed, generally, the heirs can submit a motion to the court to compel the appointed executor to make distribution. The executor has a legal obligation to perform all their duties in a timely manner. If the executor isn't doing that then complain to the court or to the attorney who is handling the estate.

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Absolutely not. And take note, no one is an executor until they have been appointed by a court. The will must be filed in probate and the court will appoint the executor. Once appointed the executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the probate court. Any executor who fails to perform their duties according to the will and the law can be sanctioned by the court.

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To recieve electronic documents and print them as hard copies.

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You may perform this operation due to an article below.

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You cannot charge for your services unless you have made that agreement with your other siblings.If you are the one going through your mother's belongings, sorting everything out, discarding non-savables and packing up things to distribute to your siblings they should pay you because that is a big job. However, you really must have a written agreement that sets forth exactly what you will do and how much you will charge. Everyone needs to sign it. You can't just present them with a bill after you're finished.An executor is paid for their services. If you perform this big job on your own, you should be paid by your siblings. You should be able to make a reasonable agreement together.

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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..

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Or the notary should refuse to perform the notarization.

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No. You are the court appointed executor unless the court appoints someone else because you have failed to perform your duties as executor. In that case the court would notify you and there would be a hearing.


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