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Is wife autmatically made executor of the estate when husband passes?
Wiki User
∙ 9y ago
It is not automatically made the wife. The will itself can specify someone. It is often the case that the court will appoint the wife if that is her wish.
Wiki User
∙ 9y ago
Wiki User
∙ 8y agoShe would be the favored person if no executor is named in the Will. However, she must petition to be appointed by the probate court.
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If your sister was named as the executrix in your parent's will but she passes away before the estate is settled does her husband or heir become the executor?
The court will appoint a new executor. It is not a duty that is inherited. Her husband could certainly ask to be appointed and if the other beneficiaries are okay with that, the court would probably appoint him.
You are power of attorney for your mother you have to pay private pay for her if she passes before the money is spent who gets the money?
The money belongs to her estate. The executor of the estate will distribute it according to the will.
Can a executor live in home and not pay out value until thay want?
Generally no. Generally, ownership of real property passes to the heirs at the moment of death. Therefore the heirs own that real estate. However, the estate must be probated in order for title to pass legally. You should report the executor to the court asking that they be removed and a new executor appointed to settle the estate.
What happens to the car when someone passes away?
that depends on whether it is paid off or still has a loan/lean on it. if it is paid off, it must be willed to somebody, or it can be purchased from the estate. if it has a loan on it it can either be givin back to the lender, or the loan can be taken over by the executor of estate. if it is to be bought form the estate it must be sold by the executor of estate. if it is willed to a person and it is paid off you simply have to do the paperwork to make it legally yours. in any case, the best person to discuss this with is the executor of estate, or the deceased's lawyer. they can handle or guide you to your options. just an fyi, the executor is essentially somebody who has power of attorney. they are typically the widow, or somebody appointed in the will.
In Connecticut can an executor sell real estate to a third party when the sole heir of the real estate has requested to either re-mortgage it or buy it?
In Connecticut, title to real estate passes to the devisees or heirs upon the death of the owner. However, there may be circumstances where the executor is given power to sell the real estate by the testator. Also there are circumstances when the real estate may be sold by the executor, for example, if there are debts to pay. Speaking generally since you did not provide much detail, if it was NOT sold to pay debts of the estate you had the right to keep it and pay for it yourself if it was mortgaged. Especially if you are the sole heir.
Sister died leaving property to her mom. Before sister's probate was completed Mom died. Can Mom's executor deed the property to himself if Mom's will gives all her property to her son?
Generally, Mom's estate must be probated in order to pass title to the real estate. As soon as her will is allowed and the executor is appointed the title to the real estate passes to her son if that was set forth in her will. The executor can't convey the real estate contrary to the provision set forth in the will. As long as the will was probated the son owns the property. If the executor "deeded" the property to himself and he is not the son then that deed is null and void. You should seek the advice of an attorney.
What are the rights of each brother when one is executor of the trust?
I am the executor of my mother's estate. When she passes away, I am the one who has to see that all of her debts are paid, buriel is taken care of, who she owes, notifying all creditors, etc. about her death. Making sure Social Security is notified. Each beneficiary is entitled to a full accounting of what the distribution of the estate is. The Executor is responsible for meeting all the requirements of the probate court and providing full documentation and valuation to the court.
What happens if the executor dies before the estate is distributed?
AnswerUsually the next of kin will be sought after by a company "In Trust". Children of the deceased will be sought out, or if there are no existing children it can go to a sister, brother, parent of the deceased.AnswerThe court will appoint a new executor. The residual amount then goes into the estate of the person who was to get the remainder and then their estate will distribute as appropriate.AnswerThe court will appoint a new executor. As to the residuary legatee, it depends on when they died. If they were deceased at the time of the death of the testator the gift will lapse unless there is language to the contrary in the Will. If the gift lapses and there is no successor residuary legatee, the residuary will be distributed according to the laws of intestacy as though there is no Will.
How do you apply for executor of an estate after last surviving parent passes away?
You need to open an estate with the probate court. You can usually get a packet of the required forms at the courthouse. One of them will be a form asking to be appointed as the executor. The court will then accept the form and issue a Letter of Authorization which gives you the power to do the work necessary. The executor of a will is the person responsible for making sure the wishes of the testator are carried out. They are responsible for paying off the debts and distributing the assets. They also have to pay taxes and file the appropriate reports with the probate court.
Does or can an executor get removed from a will if a will was written when a child was ten years old and her father passes when she is forty four years old and there is no longer a need for a trustee?
It would be very unusual for a minor child to be appointed an executor of any estate. Nevertheless, anyone who accepts the position and/or named in a Will to the position can request the court to be released from that obligation.
Becoming executor of estate?
Being an executor of state is both an honor and a burden as it can be a big task. It is the job of finishing up a persons affairs and dividing up personal belongings after a loved one passes on. It also means making sure a persons debts and taxes are paid.
What to do when your brother passes as an executor?
Have a new executor appointed by the court, which could be you. That person will then take over the duties and execute the will. The court can appoint an attorney or bank to serve.
