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The Executor in a Will is deceased. Can a sibling of the deceased now be appointed?
Kaags
The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.
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∙ 15y ago
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I'm executor of my parents will. A sibling was added later as co-executor. Their intention was for the co-executor to assist me but for me to have final approval. Is that true or are we now equal?
You are not the executor until you have been appointed by a court. Court appointed co-executors generally work together as a unit unless other intentions are clearly stated in the will. You need to seek clarification from the court.
How do you transfer the deed of a deceased parents in Texas to the executor of the estate?
The executor now controlling the estate has to do the transfer but if they had an executor, there is probably also a will, attorney, and a beneficiary (ies)
If the executor has died what happens now?
The court must be notified of the death and a new executor must be appointed. You should speak with the attorney who is handling the estate.
Can the power of attorney remains after death of a single principal?
No, it expires on the principal's death. Now someone needs to be appointed executor.
If a paid off vehicle owned by your now deceased uncle was given to you how would you go about getting the title changed to your name?
You will need a notarized statement from the executor of his estate.
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.
Borrowing money and now they are deceased to you have to pay back the estate.?
You still owed the money. The executor can ask you to pay back the loan. They can also credit it to any inheritence you may receive.
Who can sign a correction deed for decedent?
If a corrective deed is required for a deed executed by someone who is now deceased, the deed must be executed by the court appointed estate represented according to the laws in the decedent's jurisdiction. You should contact an attorney who can review the situation.If a corrective deed is required for a deed executed by someone who is now deceased, the deed must be executed by the court appointed estate represented according to the laws in the decedent's jurisdiction. You should contact an attorney who can review the situation.If a corrective deed is required for a deed executed by someone who is now deceased, the deed must be executed by the court appointed estate represented according to the laws in the decedent's jurisdiction. You should contact an attorney who can review the situation.If a corrective deed is required for a deed executed by someone who is now deceased, the deed must be executed by the court appointed estate represented according to the laws in the decedent's jurisdiction. You should contact an attorney who can review the situation.
What does the form in appointing an executor of your will look like or is there one?
An executor is designated in the will itself: "I designate [or nominate or appoint] John Smith to be the executor of my will." If the designated executor is not a spouse or adult child of the testator, it is useful to identify the proposed executor in some way or to give some reason for appointing such executor John Smith which subsequently be possible to corroborate in a court of law as why should this executor be appointed: "I appoint John Smith as executor of my Will. John Smith is my close friend having served as a fellow engineer in the MV Tampa during the period 1997 to 1998. " When the matter comes before the probate court, John Smith would only have to show the court his ship certificates or continuous discharge certificates (CDC) to actually prove he was with the deceased during that period, and as good friend the reason why the deceased chose him to be the executor.Unless there is a challeneg to the appointment, no identification documents are likely to be needed. There are a lot of matters in proving a Will before a probate court. Not merely the witnesses, but also the surrounding circumstances. Many states now provide for a "self-proving" will, executed before a notary public by the testator and the witnesses. No explanation is necessary, as long as no one challenges the will.
When pertaining to estate property in the state of TX does one sibling have the right to repair remodel property without permission from other siblings?
You haven't provided enough detail. If the estate has been probated and all the siblings are now equal owners then the answer is no. He needs permission from the other owners. If he is the court appointed executor, the property is still in probate and the property is in need of immediate repairs to prevent damage then the answer is yes.
Your Husband was executor of his Mothers will he died who is the executor now?
Whomever applies to the court to replace him.
What happens now that your uncle died and your mother is executer he had a will but did not own anything of great value is she responsible for any debts he may owe?
No, the job of the executor is to use the resources of the deceased to pay any debts owed and then to distribute the remainder according to the will. If there are not enough resources to pay the debts, the executor has NO duty to pay them him/her self.
