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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?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 14y ago
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Oldest brother is executor of family estate however he is ill and the remaining 4 siblings want to assign the decision making regarding heir property to next oldest brother What do they do to transfer?
There is no executor until one is appointed by the probate court. You need to petition the court that appointed your oldest brother as executor and request he be removed and a successor appointed. Then, the estate should be settled and the property distributed as provided in the will.
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.
Can brother executor prevent sibling from living in mothers home while she is still living?
The executor has no power while the person is living. Until they are appointed by the court, they have no power.
Your mum who is deceased however was appointed an Executor and Beneficiary in her brother's will does this mean that her entitlement goes to my dad?
No, the entitlement would go to the next in immediate family to the brother.
Who do you report your brother to if he has taken over your duties as executor of mother's estate by removing original documents from parent's files?
First, the named executor must be appointed by the court. Once appointed the court issues Letters Testamentary to the executor and the letters provide the authority to settle the estate. Another person cannot 'take over' the executorship because the letters are issued in the name of the court appointed executor.The court appointed executor has the authority to settle the estate according to the provisions in the will and according to the state probate laws under the supervision of the court. The executor also acts under the umbrella of the state probate laws. The brother's behavior can be reported to the court and the court has the power to issue a court order to return the files he has taken can and impose further legal sanctions if necessary.
One brother who is the named executor of dad's will claims a verbal agreement gives estate to only two siblings. The will gives the estate to all three. What can we do?
First, the brother is not the executor until the will has been filed in probate court and he has been appointed by the court as the executor. Until that happens, he has no power or authority over the estate.Once appointed by the court the executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. If an executor abuses their authority they are subject to sanctions by the court and removal. They can be held personally liable for their mistakes. The executor has no legal power to change anything. The court will always try to carry out the last will and testament of a testator. It will not allow anyone to make changes. Only a judge has that power and only when the will is unclear or cannot be carried out for some reason.When a will is filed for probate, there is a period during which objections can be made to the appointment of the executor who is named in the will. In this case, the named executor has already displayed outrageous behavior. If the will hasn't been filed for probate yet, someone should file it now and request to be appointed the executor. The named executor's behavior can be reported at that time. If he was appointed by the court already then his behavior should be reported and a new executor should be appointed."Executors" that haven't been legally appointed by the probate court are a serious and common problem. They are only self-appointed and have no idea they have a body of law that governs their powers and actions. If he does what he claims then he can face criminal prosecution. Report him ASAP.
How can one get an accounting of monies in my father's estate when my brother is power of attorney and executor and one believes he stole from estate?
The power of attorney is extinguished upon the death of the principal. An executor must be appointed by a court. The executor must file an inventory of all the assets owned by the decedent at the time of his death. If you suspect your brother of stealing you should contact an attorney who can review your situation and explain your options.
What action can be taken against your brother who is the executor of your fathers will for mishandling the inheritance that was to be divided between three siblings?
Your brother has no power as the executor until he has been appointed by the court. Once he has been appointed he will have the power to settle the estate according to the provisions in the will and according to the state probate laws under the supervision of the court. If he abuses his power you can complain to the court. If he has mishandled the estate he will be required to pay the missing funds to the other heirs.
Who has right to buy deceased car if brother and sister both want to buy it?
The executor will have to determine sale price and who it is sold to. If there is no Will, that is usually the next of kin or someone appointed by the probate courts.
Can your brother executor of your moms will legally disinherit you from her will?
The executor does not have that power. Their job is to execute the will as written.
Can my brother as executor give to another person something that has been left to me in the will?
Absolutely not. Remember that an executor has no poweruntil they have been appointed by the court. Then they are obligated to settle the estate according to the provisions in the will and the state probate laws under the supervision of the probate court. An executor who abuses their power should be reported to the court immediately and can be held personally liable for their abuse.
What happens if one brother does not want to settle the estate and it has been ongoing for five years?
If one brother does not want to settle the estate, it can cause delays and disputes in the distribution of assets. Legal action may be necessary to resolve the issue and move the estate settlement process forward. The court may need to intervene to ensure that the estate is properly administered and assets are distributed according to the law.
