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Briefly, the duties of an executor are as follows:
- Submit the will to the probate court
- Collect the decedent's assets
- Pay the decedent's and estate's bills and debts, including funeral expenses
- Pay taxes, including estate taxes and outstanding income or property taxes
- Manage the assets of the estate
- Pay any invoices associated with administering the estate, such as bills from appraisers, Accountants and brokers
- Distribute the estate's assets according to the will
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∙ 14y ago
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What is the legal recourse if the executor of a will does not fulfill their duties in wa state?
Petition the court to replace the executor.
What are the duties of the executor to find assets which may have been taken by fraud or deceit?
That is one of their duties.
What can you do to have executor removed if she is not preforming the duties as the executor of your fathers will?
Petition the court to have them removed and replaced. In such cases the court is likely to appoint an attorney to serve as the executor.
Does wv law require an executor to secure real property until probate occures and the estate is settled?
That is the responsibility of the executor. They have to make sure that the assets are preserved.
When should an executor of an estate know they are appointed executor?
When the testator has passed away. That is when their duties begin. The first thing they have to do is file with the probate court to be appointed as executor.
What do I do if the executor of my father's estate will not give me any accounting information?
Complain to the court immediately. The court can compel the Executor to file an accounting or replace the Executor if they will not perform their duties with expediency.
Can an executor borrow money from the estate?
Not without breaching their fiduciary duties. It would be irresponsible of the executor to do so. It could land them in trouble.
If an executor does not distribute the assets can those included in the will force the executor to do so?
First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.
What if the executor discriminates against an heir in MN?
They should be reported to the court immediately. The court can replace an executor who fails to perform their duties responsibly.
Can the executor of a will in Florida charge for doing their duties?
Yes, the maximum is proscribed by law.
Can you prosecute the executor of an estate for embezzelment?
Certainly, it is crime to breach fiduciary duties.
Can the executor and alternate executor share duties?
Of course the alternate can volunteer to assist the court appointed executor in the fulfillment of her duties. However, the alternate has no legal power and will not be entitled to any compensation.
