Is a will valid without an executor of the estate being appointed?
There is no requirement that an executor be named in the will for the will to be valid. The court will appoint one.
Can a sibling claim themselves as executor of your parents estate without your consent if there isn't a will?
If there are co-executors mentioned in a will one by name the other only by address who is the executor and does the executor have the right to remove any property without the will being read?
First, no one is the executor of a will until the will has been submitted to the probate court for allowance and the executor(s) has been duly appointed by the probate court. Typographical errors and indefinite references made in the will will be resolved when the will is reviewed by the court. The will must be submitted with a petition asking the court to allow it and appoint the estate representative. The court will issue…
Can an executor do maintenance work to a family home when the other children are not consulted and they are being held responsible for the cost of repairs?
The executor must be appointed by the court. Once appointed they have the authority and responsibility to do whatever is necessary to settle the estate. That is the purpose of having an executor. If repairs are necessary to maintain the property or to prepare it for sale the executor has the authority to arrange for the repairs.
What are the heirs rights in Missouri if there was a will and the will is not being followed by the estate representative?
Should sibling who is executor and is inheriting estate residual be able to get executor fees from other sibling who is inheriting most of estate in real estate?
Yes. There is a lot of work and responsibility involved in being the executor of an estate. The one sibling/beneficiary who is appointed should not be reqired to work for the other beneficiary for free. In some cases the executor may not charge the statutory fee, however, they should not be expected to work for free. The executor fee should be paid from the estate. If one of two sibling is inheriting real estate then…
An executor isn't official until they have been appointed by the probate court. Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated. You should ask the attorney who is handling the estate. An executor of a will cannot give a Power of Attorney to another person regarding his responsibilities under the will. If the executor…
File a resignation with the court that appointed you and the court will appoint a successor. Until you do you will be held responsible for the estate. You will be required to file an account that shows your activity while you were executor. If you wish to resign prior to the estate being opened you can file a declination and the court will appoint someone else.
While the estate is being probated, the executor is the legal representative of the estate and has been issued Letters Testamentary that authorize her to act on behalf of the estate. The power to sell real estate is generally granted in the will, if not, then the executor would need to petition for a license to sell the real estate.
What rights do the non-executor surviving children of deceased parents have to the estate when only one is named executor?
The right to inherit has nothing to do with who was named executor. The right to inherit remains valid with all of the children. Consult a probate attorney that knows the laws for your state. ==Another Perspective== The court appointed executor has the obligation and authority to settle the estate. Only the executor has the power to manage the assets, transfer property, close accounts, sell real estate, etc. The executor must follow the provisions set…
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.
You file a Declination with the court and the alternate executor named in the will is next in line to be appointed. If there is no alternate executor named in the will or if the alternate cannot or will not serve as executor then the court will appoint one. "Residuary legatees" in most states have a prior right to be appointed over "family members" because the residuary legatees are the ones that have a stake…