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Is the executor entitled to a commission on the house in New Jersey if it is clearly left to a specific person in the will?
Wiki User
∙ 10y ago
is the executor in New Jersey entitled to a commission on a house if it was left to a specific person in the will
Wiki User
∙ 10y ago
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What can you do if the other executor does not want to act?
You should submit a petition to the court to have the co-executor removed. Explain your reasons clearly and provide evidence of examples of their failure to perform their duties.
Specific?
Clearly said
I'm executor of my parents will. A sibling was added later as co-executor. Their intention was for the co-executor to assist me but for me to have final approval. Is that true or are we now equal?
You are not the executor until you have been appointed by a court. Court appointed co-executors generally work together as a unit unless other intentions are clearly stated in the will. You need to seek clarification from the court.
"State your question clearly, and be specific!"?
Yes helpful
How do you remove an executor of an estate in South Dakota?
Although it is not an easy process if you have serious complaints regarding the executor of an estate you should state your reasons clearly in a motion to the court and ask to have the executor removed. If you're successful the court will appoint a new executor. Remember that there must exist a serious reason for the removal, family disagreement will not rise to the level required for removal. You may need to retain an attorney to represent you. You can read more about it at the link provided below.
If you already have a will but want to change the executive of the will can you just get a codicil done and then it would be ok when you die?
Yes. You could make a change in the executor by using a codicil. The codicil should take the same form as the will with the same number of witnesses and with an acknowledgement. You should state clearly your intentions by declaring that you intend to strike the article that appointed the executor and substitute a new article naming the new executor. You should have the change supervised by an attorney.
What are your rights as the adult child of the decedent if an executor is already named in the will?
The named executor must be appointed by the court. If you object you have the right to file an objection with the court within the time frame on the notice that the will has been presented for allowance and appointment of executor. You should prepare a well written objections that clearly explains your objection and also requests that someone else be appointed. You should consult with an attorney who can review the situation and explain your rights and options.
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Where do you get a form to replace the executor of a will before death?
A testator can make changes to their will by using a codicil. A codicil is written in the same form as a will and should clearly explain its purpose: which provision in the will is being stricken or what provision is being added. The codicil must clearly state the added provision if there is one. In the case of changing the named executor the codicil must state the section appointing (name) as executor is hereby stricken and is replaced with the appointment of (new name) as executor. Wills and codicils should be drafted by professionals to make certain they conform to state laws. If legal documents do no conform to state law they may be deemed invalid.
Can an executor of an estate deny an heir of an item clearly marked by the decedent for that person?
It is possible to do so. If the estate does not have enough assets to pay off the debts, these items must be sold to resolve the debts.
Can you file a motion to get a executor of the estate removed if they are abusing there power?
Yes. Be prepared to show proof or evidence of the abuse and have reliable witnesses. State your complaints to the court clearly and in a business like manner.
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