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If your sister was named as the executrix in your parent's will but she passes away before the estate is settled does her husband or heir become the executor?
Wiki User
∙ 17y ago
The court will appoint a new executor. It is not a duty that is inherited. Her husband could certainly ask to be appointed and if the other beneficiaries are okay with that, the court would probably appoint him.
Wiki User
∙ 17y ago
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What happens when an executrix of an estate dies before the estate is settled?
Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work.
Executrix of estate account dies and is only one who has signature rights What can be done to close account?
If the executor dies before the estate is settled then a successor must be appointed by the court. Another person must notify the court of the death and ask to be appointed.
Who pays for mortgage until estate is settled?
The executor of the will would be responsible
Is it illegal for executrix being the deceased's spouse to dispose of their personal and financial records before the estate is settled?
The executrix has a responsibility to keep proper records, and in England and Wales would be liable for the rest of her life for her conduct of the estate. The short answer to your question is: no.
Does wv law require an executor to secure real property until probate occures and the estate is settled?
That is the responsibility of the executor. They have to make sure that the assets are preserved.
Can an executor force a beneficary to release monies left to them?
The monies are not the property of the beneficiary until the executor has released them. Any assets of the deceased have to be provided to the executor for inventory and valuation. Only once the debts have been settled can things be released.
Does money have to be distrubuted if it is in someone elses name if there is a will?
A Will is the sole wishes of the person that is now deceased. There are different scenarios: Executrix (female) Executor (male) named in the Will is the person that makes sure that the Will is probated. The Will may be left in Trust and they will handle the Will (for a charge of course.) Probate means that all personal and house/property taxes are paid up to date and all creditors are paid. This can take from 8 months to a year. If the Executrix/Executor is a family member they may be mentioned in the Will and not only would they get a certain amount of money (if the deceased requested this) but possibly some material contents of the home if mentioned in the Will as well as a fee for doing the duties of Executor/Executrix. Usually that amount is 1 1/2 - 3 1/2%. It depends on what is either mentioned in the Will or what the Executor/Executrix wants to take out of the Estate. MONIES CANNOT BE DISTRIBUTED until the Probate has been accepted. This is usually done by a lawyer, but, the Executor/Executrix can do it themselves (unless a very complex Will, it's quite easy to Probate and I've done it. It saves a considerable amount of money in lawyers fees.) The Executor/Executrix should be sure the Heirs mentioned in the Will get a copy of the Will. If a sibling or another relative were left out of the Will or they felt they were unjustly treated by not being in the Will they can "Contest the Will" in a court of law. Sometimes the person may win and other times they won't. Often, if this contesting of the Will is by another sibling, the Heirs of the Will will settle out of court because once in court it can take a long while to settle the Estate. If your mother passed away before your father (or vice-versa) the property and monies usually automatically go to the surviving spouse. The deceased parents might specify in their Will that upon their death their children MAY get some money or property or even material items. If your mother or father remarried, the same applies as the above. If both parents passed away usually any monies, property (including a house or other homes or property) are willed to their child or children. If the children were nothing but a source of problems for the parents, the parents can actually leave everything they have to anyone or even leave everything to a church or charity of their choice or even to a loyal friend. Again, whatever the wishes of the deceased were is for a reason and should be followed to the letter unless coercion has occurred such as an elderly person made to change their Will and it's wise at this point to Contest the Will. If you are sure for instance that you are an Heir in the Will, then you can actually take in the Will to any bank and borrow on the amount of money you are getting from the Estate. However, once you have done this and the lawyer has settled the Estate and hands you the check, it's up to you to pay off that debt and the banking institution will expect it. Hope this helps. Marcy
If a car belonging to an estate not yet settled is given to a non family menber how do you get it back?
If an executor acted in bad faith then you can take the executor to court to force them to repay the value of the car to the estate.
What can I do if the executor won't settle my mothers estate in California?
You can go to the judge or a lawyer and ask to be co executor or to require that the estate be settled. Wills and trusts can be broken, you just have to consult the right person.
Can a sibling of an estate sue the executrix if the estate has not settled in 3 years?
In New Jersey, Yes, but I assume the sibling is a beneficiary. If not then the sibling cannot force anything because she has no interest, what we call standing, to sue. After 1 year a beneficiary can sue to get an intermediate accounting to show everyone and the probate court what has been done so far. You can also sue the executrix to have her removed and to forfeit her commissions. There is no law that says an estate must be completed within a certain time frame. In fact generally for the first year no one can sue the executor to force anything unless there is special cause to do so. But 3 years is a long time and you should definitely get at least the intermediate accounting. The 3 years is not, in and of itself, grounds to remove the executrix. But is is grounds to file a lawsuit asking for that and that should give her a jolt. This answer is given for informational purposes and is not to be taken as legal advice.
When does the executor distribute funds from a probated will?
The executor of a probated will should distribute the proceeds of the will after it is settled in probate court. Some states have laws in place that state a certain time limit for the funds to be issued to heirs.
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.
