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What are the options when a son who is the executor of a deceased father's estate moves the father's ashes from the original cemetery plot owned by the son to a different grave site?
Wiki User
∙ 17y ago
Not much, other than the son/executor would be responsible for reimbursing the estate for the money put forward for burial, unless said money was used to purchase the other grave site.
Wiki User
∙ 17y ago
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Can there be only one co-executor?
No, in fact, you can have as many co-executors as needed. However, as you can imagine, the more co-executors you have, the more complicated administering the estate becomes. I always suggest that only one executor is named, followed by an alternate executor if the original executor cannot act, or has pre-deceased the testator.
Does the original executor have to be notified if a new executor has been named?
Yes. The court will notify the original executor they have been removed although they should already be aware there are problems with their fulfillment of their duties. If they didn't request to be removed as executor then the beneficiaries requested their removal. They are required to file an account detailing their activities regarding the estate assets. The original executor does not have to be notified if the situation is one where a person during his/her lifetime makes a new will in which a new executor is named.
What to do when person named as executor in a will has not been sent a copy?
The original must be presented to the probate court to be examined and allowed along with a petition by the named executor to be appointed the executor. In order to commence the probate proceeding the original must be turned over to the executor. You should consult with an attorney who specializes in probate.
What is form 1310?
Form 1310 is Statement of Person Claiming Refund Due a Deceased Taxpayer. Form 1310 isn't filed in two situations. One, a surviving spouse is filing an original or amended return with the deceased. Two, a personal representative (executor or administrator) is filing an original return for the deceased. The personal representative must attach to the tax return a court certificate showing the appointment as personal representative by the court. For more information, go to www.irs.gov/taxtopics for Topic 356 (Decedents).
What is tax form 1310?
Form 1310 is Statement of Person Claiming Refund Due a Deceased Taxpayer. Form 1310 isn't filed in two situations. One, a surviving spouse is filing an original or amended return with the deceased. Two, a personal representative (executor or administrator) is filing an original return for the deceased. The personal representative must attach to the tax return a court certificate showing the appointment as personal representative by the court. For more information, go to www.irs.gov/taxtopics for Topic 356 (Decedents).
Does mission San Rafael have a cemetery?
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Do you need a new executor if original dies before completing disbursement of assets?
Yes.
Can the court require an executor to repay legal fees for removal of another executor?
First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.
Does the executor over a will need a copy of the will?
The executor needs the original so it can be presented to the probate court for examination. If the court allows the will and proves it is the last will of the testator, it will appoint the executor. Only then will the executor have any legal authority to settle the estate. You should consult with an attorney who specializes in probate law.
What to do with a will when someone dies?
You must first be certain that what you have is the original (and not a copy) of the Will and that this is the LAST version of the person's Will. The Will usually appoints an executor who is responsible for carrying out what the Will sets out. The Will should be given to the executor(s) along with the death certificate and all the information you can find relating to the persons bank accounts, shares and property holdings (all that the deceased owned). The executor(s) will then prove the Will in a court of probate and once that has been done and any outstanding taxes and debts have been settled, they will distribute the estate (the dead persons property) as the Will instructed.
How do you change the executor of a will?
The individual has his or her will amended to show the new named executor or executrix. The amending will need to be witnessed and notarized (preferably) in the same manner as the original document, but not neccessarily by the original witnesses. An executor or executrix who has been appointed by the probate court or was named by the testator (testrix) must be relieved of the responsibility through the court.
Who becomes executor of will when original executor dies?
Upon the death of the testator the Will must be presented to probate court for allowance and the court must appoint the executor. The court will generally appoint the executor named in the Will if one was named. If that person is deceased or declines to serve the court will appoint a successor. An interested party can request appointment.
