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Is there a way of removing an executor if they have moved out of the country?
Wiki User
∙ 15y ago
Yes. Executors are forbidden from abandoning estate assets or the obligation to handle the estate properly. Some states will consider moving to Another Country as such an abandonment would most likely be taken as an abandonment. The state where the will was probated will have statutes that outline the situations in which an executor may be removed from office. One of those instances is abandonment of estate assets. That state's probate court will have a procedure to file a complaint alleging the facts of the abandonment and demanding that the court remove the executor. The state's laws and court rules will direct the manner in which the complaint is to be served on the executor and if service is properly made, the court will proceed to look into the matter. If the executor fails to appear, the court will remove him or her. If the executor appears and denies the allegations of abandonment, the matter will proceed to trial. If abandonment is proved at trial, the executor will be removed. If it is not proved, the executor will not be removed. However, the court might require the executor to post a surety bond to protect the beneficiaries in case the executor does abandon things in the future.
Wiki User
∙ 15y ago
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Do you have to go through probate in Oregon if there is a will that appoints an executor?
Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.
Does a will become null and void if the executor is a friend of the widow?
No. A person making a will usually chooses a friend or relative to be their executor. The executor may even be someone who benefits from the will. There is no requirement for the executor to be 'independent' in any way.
What is a way to legally appoint an executor if will was lost so you can free up deceaseds accounts?
The estate would be opened up in the normal way by application to the probate court. They will appoint an executor and issue of Letter of Authorization. That allows the executor to access the accounts.
Are we allowed to ask executor of an estate question?
No one can prevent you from asking! The executor may decline to answer the question. And there is seldom a way to force them to answer it if the court agrees with them.
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That way cattle could be moved from one side of the country to the other end.
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no way not in a million year's.
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Write a will! That is the way to appoint someone executor of the estate.
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