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Is the executor or executrix legally bound to execute the will as written?
Wiki User
∙ 16y ago
Yes, the executor is legally bound to fulfill all directions in the will. If an executor has a question about the legality of some particular direction (such as scattering cremated ashes in a place where it is not allowed), the executor has the right to file an action in the probate court for what is called "advice and directions". All beneficiaries will get notice of the action and have a right to be heard for or against the issue and the court will decide what the executor is to do.
Wiki User
∙ 16y ago
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Can your brother executor of your moms will legally disinherit you from her will?
The executor does not have that power. Their job is to execute the will as written.
Can the executor of a will take others out of the will?
No, they are required to execute the will as written.
Can executor of a will take others out?
The executor cannot change the will. They have to execute the will as it was written and as modified by law.
Is it legal for executrix to decide who gets tangible personal property even though deceased left a specific letter of division?
The executrix is required to execute the will as written to the best possible extent. Any deviation has to be approved by the court.
Does the executor have the right to sale land listed in the will?
They have the responsibility to execute the will as written or modified by the court. That includes the right to sell property.
Can an executor tear up a will if no other copy exist?
The tearing up of the will would be a breach of fiduciary duty. They are responsible to execute the will as written unless otherwise directed by the court.
Does being an executor or administrator give you right of possession to property of the deceased or just the duties to execute the will as per the deceased?
No, it does not give them any additional rights to the property. They must execute the will as written, or as directed by the court. Anything else would be a breach of duty.
Can an executor who is also an heir refuse to pay out other heirs?
No, they cannot refuse to pay, if there is anything to pay out. They are required by law to pay off the debts of the deceased. Then they must execute the will as written.
Do you as executor have the power to override others in will?
As an executor, you are responsible for carrying out the instructions in the will, but you must follow the terms of the will and cannot override them. It is your duty to ensure that the deceased's wishes are fulfilled as stated in the will and to act in the best interests of the estate and its beneficiaries. If there are disputes, it may be necessary to seek legal advice or involve a mediator to resolve them.
Can an executor have the attorney change a will without written consent?
No, the executor has no right to change a will. Only the testator can change a will.
When a new will is written does the previous executor who is also a beneficiary have to be notified in writing by the testate?
There is no requirement to do so. The executor does not even have to be notified that they were appointed.
Has the executor written the will?
A valid will is one that has been properly executed by the testator, the owner of the property distributed by the will. The executor is appointed by the court to carry out the provisions set forth in the will.
