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Answered 2007-02-21 17:10:48
There is no requirement that an executor be named in the will for the will to be valid. The court will appoint one.
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Can a sibling claim themselves as executor of your parents estate without your consent if there isn't a will?
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.
Can a person who was living with your dad prevent his children from being appointed executor of his estate?
No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.
Can you apply for letters of administration if the estate has an executor?
No. If the court has already appointed an executor that means there was a will and the estate is being settled by the executor. An administrator is appointed when there is no will. Also, a court would not appoint any estate representative unless it had removed the existing one for some reason.
Can the executor give away property not being appointed the administrator of the estate by the court?
No, the must have a letter of authority. Without it they can be charged with theft.
Do you have to file for dismissal from being executor?
You have to file with the court that appointed you. And provide a full accounting of the estate to that point.
Can executor of the estate see the will without decedent's permission?
The executor of the estate is responsible for executing the will. They will have to get the will eventually. The decedent, being dead, cannot very well object to their seeing it.
Is the executor entitled to the whole estate?
That depends on the wording of the will. Being executor does not automatically give you a right to the estate.
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 Letters Testamentary to the appointed executor(s).No one has any right to remove any property from the estate until the will is allowed and the executor(s) appointed by the court. Once appointed the executor is the only person with the right to manage the estate property. They must pay the debts of the decedent, pay the costs of probating the estate and distribute the remaining assets according to the provisions in the will and the state laws of intestacy.
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.
Who becomes the executor of an estate if no one accepts being executor and no relatives?
The court will appoint an executor either an attorney or a bank. The cost will come out of the estate.
What are the heirs rights in Missouri if there was a will and the will is not being followed by the estate representative?
The estate representative should be reported to the probate court immediately for abusing their authority. They should be removed and a new executor should be appointed.
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 they should make a cash contribution equal to one-half of the executor's fee.
Can an executor appoint a power of attorney?
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 dies while in office the court must appoint a replacement.
How do you resign as 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.
Can you collect a fee in Florida for being an estate executor?
Yes.
Is a Real Estate buyer allowed to check a title commitment without seller's permission?
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.
Does being the daughter as executor of a will allow compensation be paid by estate?
The executor is entitled to compensation as proscribed by the will or the law. The relationship of the executor to the decedent does not matter.
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 forth in the will. However, all the powers of the office may be carried out according to the discretion of the executor without any interference by the beneficiaries. If the beneficiaries have questions concerning the executor's role they should first contact the attorney who is being paid to handle the estate.
Can an executor use a decedent's assets for personal use?
Absolutely not. An executor must be appointed by the court. After being duly appointed they have the authority to manage the estate and distribute the decedent's property according to the Will, the laws of intestacy if there is no Will and all other laws that control estates. An executor who uses estate assets for their own personal enrichment is violating the law and should be reported to the probate court immediately along with a petition for their removal and the appointment of a new executor. The interested parties should also file a criminal complaint.
Does executor get left anything in the will?
That will depend on the will. There is nothing to prevent the executor from being left something, and they can collect a fee from the estate.
Do you have to be a resident of the state of NC to be executor of an estate of a parent?
There are no residency requirements for being executor. The beneficiaries do have to be citizens of the US.
Must will be probated to become an executor?
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.
What happens when a sister is a executor of her brothers will and also his wife?
She fulfills the duties of the executor. There is no issue with being executor of more than one estate at a time.
How does one decline being an executor of a will?
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 in the outcome of the administration of the estate. A "family member" simply by being a family member, may not have an interest in the estate, such as where a child has been disinherited, and would most likely not qualify to be appointed. On the other hand, if all the interested parties to the will assent, any family member capable of serving or a non-related person or financial services company may be appointed such as an attorney, trust department of a bank, accountant, financial consultant, favorite uncle, etc. You should seek the advice of an attorney if the estate needs to be probated. The estate needs to be probated if there are any assets that were owned by the decedent.
What if a beneficiary of a will dies while the will is being dealt with by the executor?
The beneficiaries' estate will get their share. The executor will continue to process things according to the will.
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