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Mother is older and you would like to become her executor in case she gets hurt or sick?
Wiki User
∙ 10y ago
An executor is for someone who has died. What you are looking for is a durable power of attorney.
Wiki User
∙ 10y ago
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If the executor of a will dies would that person's next of kin automatically become the executor?
No. If the executor dies the court must appoint a new executor.
How do you become a co-executor of your mother's will?
The following is general information only. You should consult with an attorney in your jurisdiction who specializes in probate law. The testator usually names the executor in the will. When the testator dies, the named executor files the will for probate and must also petition to be appointed as the executor at the same time. The executor has no power or legal authority until they have been appointed by the court. If your mother didn't name you as co-executor in her will then you will need to consult with the person who was named in the will. Perhaps they would consider allowing you to join in the petition for appointment as a co-executor.
What happens to the assets due to an executor if the executor of a will dies?
They become part of his estate. The executor of his estate would file the claim against the first estate.
How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?
The executor can file a resignation with the court and you would petition for appointment as the successor.
What if your father is the sole executor of a will his father left and you would like to know if he dies can your mother become the sole executor?
Alternate ExecutorsThis will depend on the Probate [sometimes called "Succession"] law of the state in which the deceased [who assigned your father as executor] lived, and thus the will was probated.Usually, the will for which your father was named executor will have a statement naming an alternate (s) executor in the event the named executor [your father in this case] is unable, for any reason, or unwilling to serve in that capacity.If there was no provision for appointing an alternate executor then the Probate law of the state in which the deceased lived will determine the assignment of a new executor.In this type of situation, it would not be uncommon for your mother to be named by the Probate Court as the replacement executor [called an "executrix" in the case of a female].
Can the executor sell the deceased car to executor's mother?
As long as the court has approved and the car's price was a fair market value it would be acceptable.
Sister died leaving proeprty to her momBefore probate was completed Mom died Can personal rep deed property to himself under mom's will who gives all to son?
No, but I am making 2 assumptions. I take it that the sister's executor is the mother's beneficiary. I also assume that the mother survived any survivability period that might have been imposed by the will or statute. That being so, the property has vested in the mother, meaning it has become her property now. The only person who can transfer the deceased mother's property is the mother's executor. The correct procedure is for the sister's executor to make an executor's deed to the mother. Then the mother's executor will make a deed to the son. The fact that the mother died before the sister's executor made the deed to his mother does not deprive the mother of the property. The only way the property would not become the mother's is if the will required her to survive the sister by a certain period of time (as many wills do) and she failed to do so. But what happens then creates another problem which I won't go into here. Lastly, as always in probate matters you must check the laws of the state the probate is in.
Can an executor relenquish their rights and can another of the deceased children become executor?
Yes, an executor can turn down the responsibility. The court will appoint another person and would probably approve it without a second thought.
How do you become executor of an estate without a will?
You would not be an executor. You would be an administrator. You file an application with the probate court in your jurisdiction to be appointed the administrator of the estate.
My mother just passed and my brother is named executor. He is going through a bankruptcy and personal tax issues should he be appointed as executor?
Your brother already has enough going on. The duties of being executor would be too much. Someone else in the family should petition to be appointed executor and your brother should decline.
Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
I know a young man whose mother is older than his grandma How can this be?
The grandmother that is younger than his mother would be his father's mother.
