If your mother owned any property in her own name then her estate must be probated. You are not an executor until you have been officially appointed by the probate court. You should contact an attorney who specializes in probate. You should ask friends, family members, neighbors and co-workers if they had a good experience with any probate lawyers in your area. There are so many it is a good idea to see if someone you know can make a referral before you hire a stranger. If no one can make a referral you can speak to two or three to find one you feel comfortable with.
No. If the executor dies the court must appoint a new executor.
They certainly do not have the rights. The executor has no power while the testator is still living.
There is a form that is submitted to the court with the will to request a letter of authority. It can recommend who wishes to be the executor. In most cases, unless there is controversy, the court will appoint that person. Otherwise the court will appoint a neutral party.
If the named executor has died then the court will appoint an executor. An interested party can petition to be appointed executor.
No actions need to be taken, as your mother still lives. She can modify the will to appoint a new executor. Or when she does pass on, the court can appoint someone else to serve.
Is your mom deceased? Then file a motion to remove her as executor or for an accounting. Is your mom alive? Talk to your mom.
Yes. You can notify the court that the executor has died and request that you be appointed the successor.
Yes. The court will appoint a new executor when it is notified that the first executor it appointed has died.
They become part of his estate. The executor of his estate would file the claim against the first estate.
The estate will have to go through probate, which means the court will appoint an executor for the estate and the executor will carry out the wishes of the deceased to the best of his abilities. Abiding state and local laws and taxes
The beneficiaries' estate will get their share. The executor will continue to process things according to the will.
The court that made the appointment should be notified and a successor executor must be appointed.