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What are any and all legal questions an executor needs to ask an attorney after the death of a sole parent in Illinois?
Wiki User
∙ 17y ago
Such a question list would be far too long to place here. A few of the duties of an executor or executrix are: An extremely important task, filing the petition on time to avoid serious penalties and fees, (generally the estate must be filed from 9-12 months after the death). The collecting of assets and filing of known inventory with the probate court. Consolidating funds as much as possible and establishing a separate checking account for bills and bequests. Paying all bills and taxes. Distributing property to heirs and legatees. Filing the deceased's final tax return. A final accounting of the estate to the probate court. ALWAYS keep in mind the executor/executrix is 100% responsible to the court for the proper execution of the estate!
Wiki User
∙ 17y ago
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Can the executor of the will put the parent in a home?
No. As the executor of a will, your role as executor is not triggered until the party who named you executor dies. If the parent is still alive, you'd need a power of attorney (document) naming you as the power of attorney to make decisions for the parent in the event that the parent is incapacitated or incapable of making decisions on his or her own behalf.
Can a son in Missouri be executor for estate of parents in Illinois?
I can answer my own question now that I have spoken with a lawyer in Illinois. The answer is yes, I can be the executor of my parent's estate, even though I live out-of-state. Thanks for this forum.
Getting power of attorney after parent is dead?
You can't. Power of Attorney is only for people who are alive. You can however petition to become the executor of that person's estate.
Can a deceased executor be replaced and do the heirs of a deceased executor have the right to be appointed to replace their parent?
The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.
What should you do with your sister that has power of attorney and executor of the will?
A Power of attorney expires immediately upon the death of the principal. If your parent has died the POA is no longer in effect. If your parent left a will naming your sister as the executor the will must be submitted to the probate court. The court will review the will to determine if it is valid under state laws. If it is allowed then your sister will be appointed the executor if no other person objects to the appointment. Once she has been appointed by the court as executor your sister will have the authority to settle the estate according to the provisions set forth in the will, according to the state probate laws and under the supervision of the probate court.
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
Where do you get your parents will at?
The contents of a Will are your parents' personal and legal business. It is none of a child's business unless the parent shows you the Will, includes you in estate/will planning, or you are named the Executor/Executrix of the Will (this is not a minor child). When the parents die, the Executor/Executrix can contact the parents' Attorney to get a copy of the Will, if it's location is unknown at home.
Do you have to be a resident of the state of NC to be executor of an estate of a parent?
There are no residency requirements for being executor. The beneficiaries do have to be citizens of the US.
Should the adult child of a decease parent continue to pay the mortgage while the will is in probate or does he need to wait until executor of the estate has been legally declared?
You should seek the advice of the attorney who is handling the estate.
Can you as co-executor be sued for the debt of your parent's foreclosed mortgage?
The estate is responsible for the debts of the decedent. The executor is not personally liable. If it is necessary to bring suit the executor's name will be recited as the respondent as the executor of the estate and not as an individual.
When a parent dies can one of the children act as the adminster if all the rest of the children gave him power of attorney over the estate?
Though it is not good idea, the Trustor (parent) can name anyone they want to Administer (Executor) of their Estate. An Administrator is a title usually reserved for a Court appointment, of which this would not be.
How do you get named as executor if your parent has already passed away?
You need to submit the will to probate court for allowance and ask to be appointed the executor. If there is a different executor named in the will they may need to sign a declination.
