0
What else can I help you with?
Can a beneficiary be appointed executor of the state?
Yes, it is very common.
Can executor own property if he is not beneficiary and beneficiary dies?
No, he cannot own the property. His job is to distribute it according to the will or the state laws for intestacy.
When a guardian is appointed by the Court does the executor lose his power?
No. The executor has the power and authority to settle the estate according to the provisions in the will and the state probate laws. A guardian is appointed to act on behalf of a child or legally incapacitated person who may be a beneficiary. The guardian is treated by the executor as though she was the person she represents if that person had legal capacity.
What is the legal recourse if the executor of a will does not fulfill their duties in wa state?
Petition the court to replace the executor.
Can the executer of a will refuse to give the beneficiary their inheritence?
Absolutely not. And take note, no one is an executor until they have been appointed by a court. The will must be filed in probate and the court will appoint the executor. Once appointed the executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the probate court. Any executor who fails to perform their duties according to the will and the law can be sanctioned by the court.
What happens if there is no benificiary for a life insurance policy?
If there is no living beneficiary then the beneficiary becomes the estate of the insured. If there is a will the administrator of executor will have the benefits to pay for last expenses and then pay out as the State Law mandates. If there is no will the magistrate or probate court will assign an administrator or executor to handle these items.
What should you do if the named executor who is also the main beneficiary is not acting in the best interest of the other heirs?
Either renounce or administer the estate or pay a professional to deal with the matter and the fees would be met from the estate. It is up to the executor to decide. If the exector decides to administer the estate, he or she can be paid a fee (amount varies by state and county). The executor is not a beneficiary and the beneficiary is not the executor. The beneficiaries really have no say as to what the executor should do (i.e., adminster estate, hire attorney to represent estate, or renounce). The executor has a sworn duty to administer the estate in accordance with the deceased's will and the laws of the state and county of probate.
Does the state of Washington recognize Colorado designated beneficiary agreements?
No. Although Washington state recognizes out-of-state domestic partnerships ("DPs") that are substantially equivalent to a Washington state DPs (i.e., legal marriage), Colorado designated beneficiary agreements provide only limited rights and are NOT substantially equivalent. Therefore, Colorado designated beneficiary agreements are not recognized as DPs in Washington state.RCW 26.60.090. Reciprocity. A legal union of two persons of the same sex that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership under this chapter, shall be recognized as a valid domestic partnership in this state and shall be treated the same as a domestic partnership registered in this state regardless of whether it bears the name domestic partnership.
In the state of Virginia can an executor also be witness to and beneficiary of a will?
Being named the executor and the beneficiary, and then signing as the witness would leave the will vulnerable to challenges. A beneficiary is often named as executor in a last will. Generally, you should not be a witness or notary of any written instrument from which you will benefit. However, in Virginia it may be legal according to the following section: § 64.1-51. Interested persons as competent witnesses. No person shall be incompetent to testify for or against the will solely by reason of any interest in the will or the estate of the testator. You should check with an attorney in Virginia who specializes in probate.
If there are two named as executor on a will the first being the brother of deceased and second being daughter. can the daughter get money out of the bank although the beneficiary named is the brother?
Laws can and do vary from state-to-state. Consult with an attorney for questions regarding wills and other legal documents.
Your Aunt passed away and named your Grandmother as the beneficiary your grandmother preceded her in death and your mother is the executor of both of their estates and will does Mom get the money?
It depends on the provisions in the wills. If the wills name a contingent beneficiary then that person inherits if the primary beneficiary has predeceased the testator. If there is no contingent beneficiary then the property would pass as intestate property according to state laws of intestacy. You can check your state laws of intestacy at the related question link provided below. You should remember that a person becomes an executor only when appointed by a court. The probating of an estate should be supervised by an attorney who can answer all your legal questions and make certain the law is followed.
Can the executor of an estate also be a beneficiary?
Yes. It is common for a beneficiary to be also named the executor. The contents of a Will remain private until the death of the testator so the person who is named as executor may not be known until the Will is read. As the role of an executor is merely to distribute the assets of the deceased in accordance with the terms of the Will of the deceased, an executor will have no say in how the Will is prepared or to whom the assets should be distributed. Therefore, there is no legal reason why an executor should not be named as a beneficiary in a Will. In fact it is quite often preferable for a family member (and beneficiary) to act in the role of executor. That arrangement is frequently used in wills executed by husband and wife or life partners where each leaves the entire estate to the other and names the other as the executor.
