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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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βˆ™ 2007-02-21 17:10:48
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Q: Is a will valid without an executor of the estate being appointed?
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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 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.


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.


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.


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.


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.


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.


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?

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.

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