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My mother died leaving no will therefore can someone be named the executor?
Wiki User
∙ 16y ago
The will should have named an alternate. If it didn't, find some one who willing to do it. The estate lawyer must notify the court of the executor's death and petition for the appointment of a successor.
Wiki User
∙ 13y ago
Wiki User
∙ 16y agoProbably not the "executor", because there is no will to execute, but rather the "administrator" of the estate, to be named upon application to the probate court.
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Can a son as an executor of the dad's will to the mother cheat her out of it?
An executor is required to distribute the assets according to the will. "Cheating" someone out of their rightful property, as decreed by the will, is illegal.
Mother is older and you would like to become her executor in case she gets hurt or sick?
An executor is for someone who has died. What you are looking for is a durable power of attorney.
I need to withdraw from being executor of estate. My mother still living has been in an estranged relationship with my wife and I. How do I retract from being her executor of her will?
You really don't need to do anything because you aren't the executor yet. If your mother dooesn't change her will before she dies then at that time you can file a declination with the court as the named executor. The court will appoint someone else.
Can the executor for your mother change anything in her will?
The executor has no right to make changes. The only person that can change it is the mother or the court.
I lived with my mother for 33 months prior to her death as her caretaker and paid all household expenses. Can an executor claim back rent from me?
No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.
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.
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.
What to do when your sister is executor of your mothers estate but dies before your mom does What actions need to be taken?
No actions need to be taken, as your mother still lives. She can modify the will to appoint a new executor. Or when she does pass on, the court can appoint someone else to serve.
My mother died leaving me her executor. She had several bank accounts left itf for her children. Are these funds part of the estate?
Yes, the bank accounts are a part of the estate. The need to be valued and included in the assets.
If a mother is always going out and leaving her kids with a mother who drinks heavily is this a case of neglect?
Yes it is neglect the mother is leaving her children with someone terribly irresponsible and on top of that drinks heavily which means that she can not help the children with their basic needs which is a form of neglect.
Can you still receive your share of the will if your mother was the executor of the will first?
The executor is required to distribute the will according to its terms. Who that is should not affect the distribution.
Brother is the sole executor. He had the will changed after Mother had made a new one. Is this legal?
The executor has no authority to change a will. It is not their document and it is illegal to do so.
