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In California does the executor have to be appointed by the court even if the trust states who the executor is?
Wiki User
∙ 13y ago
You are very confused about trusts and executors and mixing your terms. The decision to transfer your property to a trust is an estate planning tool. Property that has been properly transferred to a valid trust does not become part of the probate estate of a decedent because that property is owned by the trust. Property owned by a trust is managed by the trustee according to the provisions set forth in the trust. While trusts can determine the distribution of trust assets a trust cannot "appoint an executor". It doesn't need to because there is no estate in the trust grantor. An executor distributes assets under a will. The trustee distributes assets owned by a trust.
Generally, an executor is the person named in a will to supervise the settling of an estate. If the estate contains any probate assets the will must be probated and the executor must be appointed by the court. Once appointed, the court issues Letters Testamentary in the executor's name. The Letters provide the executor with the authority to settle the estate. An estate that contains real property must be probated in order for title to the property to pass to the heirs legally. When a person has transferred all their property to a trust while living then there is no estate to probate at death.
Now remember, executors are named in wills by testators and/or appointed by courts. Trustees are named by trustors in trust documents and manage trusts.
Wiki User
∙ 13y ago
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Can the executer of a will refuse to give the beneficiary their inheritence?
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.
What if executor refuses to pay siblings on legal will drafted by an attorney very clear as to money being paid exactly as per will. Executor has history of abusing siblings Refuses to obey.?
First: A person is not an executor until they have been appointed by a court. Once appointed, the executor is under the jurisdiction of the court and can be reported and removed for a failure to carry out their duties quickly, efficiently and according to the law. You should petition the court to remove and replace the executor.
Can an executer cheat the beneficiary of the estate?
Of course not. If the beneficiary has reason to believe the executor is mishandling the estate they should complain to the court that appointed the executor immediately and ask the court to review the situation.
What can we do if we don't trust executor to my grandmothers will?
An executor is not the executor until appointed by the probate court. Go to the probate court and request the file. You can read the will and monitor what the executor has done. She must file an inventory with the court and will need to file an account when the estate is closing to show the court where all the assets went. She must follow the provisions of the will. If she is not performing her duties properly and with expediency you can request she be replaced with a new executor.
How do you know if you are the executer of an estate if there was no will?
If there is no will then there is no executor. Some qualified person would need to petition the probate court to be appointed the Administrator of the estate. An Administrator is appointed when there is no will.
Will a secondary executor of an estate after a death lose control even if the will states joint executors?
Any executor must be appointed by the probate court. If joint executors are named in the Will they must petition to be appointed by the court. They can only be removed by the same court.
Does an executor have to go to court for power?
Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.
Do you have to go to the court to be appointed executor of someone's will?
The Will must be approved and the executor must be appointed by the court or they have no legal authority.The Will must be approved and the executor must be appointed by the court or they have no legal authority.The Will must be approved and the executor must be appointed by the court or they have no legal authority.The Will must be approved and the executor must be appointed by the court or they have no legal authority.
Can the executor of the estate appoint himself as power of attorney?
No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.
Does that mean the secondary executor of the estate lost control even if the will states joint executors?
Any executor must be appointed by the probate court. If joint executors are named in the Will they must petition to be appointed by the court. They can only be removed by the same court.
Will that mean the secondary executor of the estate lost control even if the will states joint executors?
Any executor must be appointed by the probate court. If joint executors are named in the Will they must petition to be appointed by the court. They can only be removed by the same court.
Who can legally probate a will?
Generally, a court appointed executor can probate an estate once the will has been proved and allowed by the court and the court has officially appointed the executor.
If an executor does not distribute the assets can those included in the will force the executor to do so?
First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.
Can the executor stop the will being made public?
NO. The executor must file the Will in probate court and request appointment. Until they are appointed by the court they have no authority whatsoever.NO. The executor must file the Will in probate court and request appointment. Until they are appointed by the court they have no authority whatsoever.NO. The executor must file the Will in probate court and request appointment. Until they are appointed by the court they have no authority whatsoever.NO. The executor must file the Will in probate court and request appointment. Until they are appointed by the court they have no authority whatsoever.
How do you become the executor even though one is named?
The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.
How does someone transfer their job as co-executor to another person?
An executor has no authority until they have been appointed by the probate court. The executor must file a resignation with the court that appointed them and the court will appoint a successor.
Is a Will valid if the only one Executor appointed in it dies?
Yes. The court will appoint a new executor when it is notified that the first executor it appointed has died.
