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What else can I help you with?
Can the executor takes a beneficiary to court?
A beneficiary could take an executor to court. They have to have grounds to do so, such as contesting the will, or suspicion of fraud. They would be able to review the records and the court could determine things were done incorrectly. Criminal charges could be filed as well.
Can you being the second executor fired the first executor for not doing what he supposed to?
Only the court can remove them. You can petition the court to have it resolved. They may appoint a third party.
How can the beneficiaries remove the executor of an estate?
If the beneficiaries of an estate want to remove the executor, they will first need a very good reason for doing so. In most jurisdictions, it will require a court action. It is best to retain a lawyer to do this.
My brother is executor and I don't think he is being fair what can i do?
he is executing the will according to its contents, this has nothing to do with being fair, he is only doing what the will tells him to do. I you have a problem with the will then you must contest it through an attorney, who will advise you what to do.
Can an executor of a will remove jewelry from the deceases' belongings before the will is probated in NYC?
I infer from the question that the answer being sought is: no. A more correct answer would be the reason for the removal of the items, might it be for instance safe keeping (which a duty of the executor) or do you suspect some form of wrong-doing?
What happens if the family of a deceased person object to the executor of the will?
I am not an attorney. You could mean that family don't like the person chosen to be the executor, or that family object to something the executor is doing. Not liking the person is petty, and not worth getting upset about. The executor was chosen by the deceased, and if the will is in order and if the executor is doing everything properly, then you just suck it up until the assets are distributed. If the executor is not following the exact specifications in the will, then there is a problem. Family should be able to obtain a copy of the will, and if the executor is misbehaving then probate court has to come into the picture. Even when there is a will, the process is handled by probate court, although the process is much more streamlined when there isa will. But the provisions of the will have to be determined to be legal by probate court, and no executor can simply do what he pleases without regard to the provisions of the will. It sounds like probate court may be able to help you.
Can a person refuse to be a joint executor of a will?
Yes. No person can be forced to accept property given to him/her by someone else's will. Likewise, no person can be forced to serve as an executor. A named executor is said to have a duty to offer the will for probate or lodge it with the probate court without offering it for probate, but that is as far as it goes. As to the property, many states have laws whereby a beneficiary may "disclaim" his gift. There is also a common law right to renounce it. Unfortunately in this case, if the person is the sole beneficiary and there are no alternate beneficiaries either in the will or in law, the estate may escheat to the state. If you wish to refuse the estate you may also do it by assigning it to another person. Maybe we can talk.
Can the executor of a will in Florida charge for doing their duties?
Yes, the maximum is proscribed by law.
What is the responsibility of an executor in a will?
An executor is the person (or people) who is/are responsible for settling the details of a deceased person's estate (ie debts, taxes, cost of the funeral arrangements and applying for a grant of probate) and after all the above are settled, distributing the residue of the estate as laid down in the will. The executor could charge a fee for doing this job and should keep good records of what has been done
If a person is left a specific cash amount in a will can you donate it to a nonprofit organization in their name instead of giving them the cash?
No, it would be a violation of the will of the person whose estate is being distributed. Anyone caught doing this without permission of the named beneficiary could be sued and possibly charged criminally.
Does an executor of a Will need to file taxes if the deceased received only social security?
If the decedent was not required to file a return then the executor is not really required to file that return. As an executor, I would suggest that you do file a tax return just so that you cannot be questioned by heirs latter for not doing so. It would not be very expensive to file the return, and it could save you lots of problems down the road.
If you sign papers to take you off as an executor can you still get paid for the work you are doing as an executor?
Your are entitled to reasonable compensation for the work that you did. The accounting should be submitted to the court with the change papers.
