0
Is an elderly person required to take a competency exam before agreeing to sign an ammended will as requested by an executor?
Dburchphoto
I wish there were, it would simplify our lives (those who spend time in probate court, that is). However, I have to wonder long and hard why an executor would ask for an amended will. If, for example, he or she wants to be allowed to serve without filing a bond, then I would say not a chance unless the executor is also the sole beneficiary of the estate. But there is no test one has to pass to sign a will. Nonetheless, when the will is presented for probate, the proponent has to show that the person signing the will had his marbles when he did so.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Does the original executor have to be notified if a new executor has been named?
Yes. The court will notify the original executor they have been removed although they should already be aware there are problems with their fulfillment of their duties. If they didn't request to be removed as executor then the beneficiaries requested their removal. They are required to file an account detailing their activities regarding the estate assets. The original executor does not have to be notified if the situation is one where a person during his/her lifetime makes a new will in which a new executor is named.
Can you stop a named executor of a will from being appointed executor by the courts?
Yes. If you have a legitimate objection the court will hear it. When you receive notice that the will has been filed and the executor has requested appointment make certain you file your objection in writing by the date listed on the notice. State the facts and submit any evidence or names of witnesses to back up your objection. If the court agrees with you it will appoint a different executor.
Can executor make no effort to sell the inherited propriety?
You haven't provided enough details.Have the heirs requested that the executor sell.Was the executor instructed to sell in the will.Was a license to sell issued by the probate court.Is the estate settled.If the executor was ordered to sell and hasn't made arrangements to market the property then you should complain to the probate court to compel them to carry out their duty or ask they be replaced. If the probate process is completed and the executor was under no obligation to sell the property, title has vested in the heirs and they can sell the property.
Can the executor be change by the government for no reason other the deceased wife requesting it?
The court has that ability. If the spouse has requested that it be changed, they are likely to do so. They are also likely to appoint a neutral party, such as an attorney or a bank.
Can a person with power of attorney be asked to produce accounts 5years after the principal has died?
It could be requested from them. The executor has to look at all transaction within 2 years of the individuals death to determine the assets.
Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
What is the difference between co-executor and independent co executor?
What is the difference between an independent co-executor and a co-executor
Can an executor be beneficiary of a will in CT How can an executor be removed by an heir?
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
Can wife be executor of will?
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
When a will is set up or changed does the executor have to sign the will?
The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.
If the executor of a will dies would that person's next of kin automatically become the executor?
No. If the executor dies the court must appoint a new executor.
Does the executor work for the beneficiary?
No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.
