The named executor must be appointed by the court. If you object you have the right to file an objection with the court within the time frame on the notice that the will has been presented for allowance and appointment of executor. You should prepare a well written objections that clearly explains your objection and also requests that someone else be appointed. You should consult with an attorney who can review the situation and explain your rights and options.
The right to inherit has nothing to do with who was named executor. The right to inherit remains valid with all of the children. Consult a probate attorney that knows the laws for your state. ==Another Perspective== The court appointed executor has the obligation and authority to settle the estate. Only the executor has the power to manage the assets, transfer property, close accounts, sell real estate, etc. The executor must follow the provisions set forth in the will. However, all the powers of the office may be carried out according to the discretion of the executor without any interference by the beneficiaries. If the beneficiaries have questions concerning the executor's role they should first contact the attorney who is being paid to handle the estate.
An adult child can be the executor. They can also be a beneficiary. They are required to be impartial when distributing the estate.
Any competent adult may serve as executor.
The decedent's estate is responsible for the debts of the decedent.
The wife has full rights. She is the natural heir for all of the property, so can certainly contest the distribution if she does not agree with it.
If the deed is silent, the decedent's share passes to the decedent's estate (to the decedent's heirs, if no Will, or beneficiaries, if there is a Will). If the deed is silent, the decedent's share passes to the decedent's estate (to the decedent's heirs, if no Will, or beneficiaries, if there is a Will).
If there are no reserve executors one or more of the residuary beneficiaries can act (if they are adult).In the United StatesGenerally, The executor must file a resignation and the court must appoint a successor. An executor gets their legal authority via the issuance of Letters Testamentary in the name of the executor.
Neither has more right then the other, they are equal in the minds of the law.
the same rights as a hurt adult
You need to be an adult to be appointed executor. Until they are an adult, 18 years old, they do not qualify.
The estate is responsible for the debts of the deceased. The executor is not personally responsible for them.
In the US, parents have no rights over an adult child unless that adult child has been declared mentally incompetent by the court and the parents were appointed guardians as a result of that.