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The executor of an estate died. An alternate executrix was named in the will. Does the estate become part of the executor's estate?
Wiki User
∙ 12y ago
No. The property is not a part of the estate of the executor.
The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.
No. The property is not a part of the estate of the executor.
The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.
No. The property is not a part of the estate of the executor.
The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.
No. The property is not a part of the estate of the executor.
The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoNo. The property is not a part of the estate of the executor.
The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.
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What reason would one executor want to become the executrix who proves a will and not notify the other?
I may be taking your question the wrong way, but it appears you are confused about Executor and Executrix. Executor is male and Executrix is female. It's quite common for someone leaving a Will to name 2 or more people as an Executor or Executrix. The reason for this is by the time the person dies one of the Executors or Executrix's may have passed on themselves; too ill to take on the responsibility or have the legal right to deny carrying the Executor or Executrix duties out. Each Heir in the Will should legally get a copy of that Will. If this hasn't happened you only have to contact the lawyer the Executor/Executrix is seeing and ask for a copy. It will all come out in the wash because ALL Wills have to be Probated. Probated means that all debts have to be paid off, plus taxes on any properties, homes and personal taxes. Once this is done then it's up to the Executor or Executrix to keep all receipts and expenditures up to date and usually do so by simple bookkeeping methods which then can be approved by a CGA or by a lawyer. After the Will has been probated the lawyer will have their office contact the Heirs and call them in and hand out the monies or property rights to those involved.
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].
Who become a new executor if the original executor of a will dies and the will was already in probate?
If the will names an alternate executor in the event the first named executor dies or refuses to serve, then that person should become the new executor. If the will does not name an alternate executor, or if the alternat has died or refuses to serve, then generally one of the residuary legatees named in the will should be appointed. In some states this person is not known as an executor but rather an administrator c.t.a. This is an abbreviation for the Latin "cum testamento annexo", meaning, "with the will amended." Keep in mind that probate laws differ from state to state. This is a general answer and might not apply in every state.
If your sister was named as the executrix in your parent's will but she passes away before the estate is settled does her husband or heir become the executor?
The court will appoint a new executor. It is not a duty that is inherited. Her husband could certainly ask to be appointed and if the other beneficiaries are okay with that, the court would probably appoint him.
How doI become an executor of a dead relative.?
how can I become an executor of a dead relative
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 we get real estate out of our deceased grandmother's name when the executrix - her daughter - has become incapacitated and the executrix will is no where to be found.?
Apply to the court for letters of authority. If the situation is properly documented, it should not be a problem.
Can parents' property be in the name of the executrix?
If you mean the parents have deeded or willed the property to the person who will become the executrix, then, yes it is legal and not unusual, absent evidence of wrongful persuasion or the like.
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 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.
Can i become executor of an estate after my father's death?
There is no reason you cannot become executor of an estate as long as the court agrees. As long as you are 18 or older, you can serve in that capacity.
Does a will become null and void if the executor is a friend of the widow?
No. A person making a will usually chooses a friend or relative to be their executor. The executor may even be someone who benefits from the will. There is no requirement for the executor to be 'independent' in any way.
