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My brother was appointed executor of my moms living trust there are 3 of us beneficaries involved what are his duties he doesn't include us in any of the transactions or desisions he makes or any of t?
Wiki User
∙ 14y ago
The only entity that can appoint an executor is the probate court. Your mother's will must be presented to the court for allowance if the will transferred her property to her living trust. The executor will be appointed at the same time. If your mother had transferred all her property to a living trust BEFORE her death you must have the trust document reviewed by an attorney. Your brother is not allowed to operate in secret. He should submit an inventory of all the property in the trust and an accounting of any property or funds he has distributed or spent. You can sue him in a court of equity if he refuses to be completely open about his activities as the trustee. A trustee has only the power explicitly given in the trust document. He does not own the property. He is holding it for the benefit of others. A trustee who is being secretive and unwilling to have his actions reviewed should be removed immediately and replaced with a more trustworthy trustee. A court can do that for you. You need to have your situation reviewed by an attorney who specializes in probate.
Wiki User
∙ 14y ago
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Will with beneficaries but no executor?
Someone must petition the probate court to have the will allowed and to appoint an executor. The executor will have the authority to settle the estate according to the terms of the will under the supervision of the court.
Can a person who was living with your dad prevent his children from being appointed executor of his estate?
In general, a person living with your dad does not have the legal authority to prevent his children from being appointed as executor of his estate. The appointment of an executor is typically determined by the person's will or by law if there is no will. Family members are usually given priority in being appointed as executors. It is advisable to consult with a legal professional for specific advice regarding this situation.
Can an executor sell a house in pa without all the beneficaries approving if the will states the executor has the right to sell any and all property but doesn't mention the approval of all?
The executor is responsible for executing the will. The approval of the beneficiaries is not a requirement.
Does an executor have to go to court for power?
Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.
Is a Will valid if the only one Executor appointed in it dies?
Yes. The court will appoint a new executor when it is notified that the first executor it appointed has died.
How do you get Executor Power?
Generally, in order to be appointed the Executor of an estate you must present the Will to the Probate Court for allowance and at the same time petition to be appointed the Executor.
Will a POA become the executor if none is named in a will?
They could petition to be appointed executor. The court will determine who should be appointed.
When should an executor of an estate know they are appointed executor?
When the testator has passed away. That is when their duties begin. The first thing they have to do is file with the probate court to be appointed as executor.
Can the executor of the estate appoint himself as power of attorney?
No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.
How do you remove appointed executor?
You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.
Can an attorney in Texas who drafts a will be appointed executor in the will?
It is common for an attorney to be appointed executor. Other choices are banks or the court can appoint someone.
Can wife be executor of will?
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
