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What can you do when deceased informed heirs how estate was to be distributed in front of witness The only will deceased has named a executor and does not have latest wishes included?
Wiki User
∙ 14y ago
You can bring your story to the court during the statutory time period allowed for making objections to the will. The court will hear the story and then decide whether or not to allow the existing will. A written will usually takes precedence.
Wiki User
∙ 14y ago
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What can you do if executor or lawyer will not return your calls about payout date?
Legally nothing, assets of a deceased's estate cannot be distributed to heirs until probate procedures are finalized. The executor/attorney has no obligation to kee beneficiaries informed of the proceedings unless they are needed to corroborate information (such as a deposition) or when probate is concluded and remaining assets can be distributed as pursuant to the instructions of the will. If the person died intestate, the state probate laws are followed in partitioning off remaining assets after all debts, taxes, legal fees and so forth have been paid.
When a will is set up or changed does the executor have to sign the will?
The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.
Who attends reading of will?
Typically, the beneficiaries named in the will, the executor(s) of the will, and the deceased person's attorney may attend the reading of the will. However, in many jurisdictions, formal readings of wills are not legally required or commonly practiced, so most beneficiaries are often informed of the will's contents by the executor after the deceased person's passing.
Should the executor provide all estate business to all sibling heirs during probate in order for each to make informed decisions about the estate and sale of deceased parent's home?
No. An executor is the person who has been officially appointed to settle the estate. The executor does not answer to the heirs and they do not direct the actions taken by the executor. They do not need the permission or involvement of the heirs. Although the executor may, at their discretion, encourage the interested parties to express an opinion regarding the sale, the executor has the legal power and authority to make the final decision.
If a beneficiary other than the executor's starts going through the deceased person's mail and throws out what they feel is not important can the executor state that task is their responsiblility?
The executor of an estate has the authority to oversee all of the deceased personal and financial matters, including correspondence. It is illegal for anyone other than the addressee or someone appointed to oversee the addressee's affairs to open said person's mail. The person(s) engaging in such an act should be informed they are violating the regulations of the probate court and the U.S. Postal Service.
Is an executor obligated to keep heirs informed of court proceedings of estate?
An executor is obligated to keep heirs informed of court proceedings of an estate. Information should be sent by first class mail or certified return receipt for proof of notification.
Should the executor of an estate have a copy of the will prior to the persons death that he is executor to.?
No, it is not necessary or wise to distribute any copies of a will during the life of the testator. However, the executor should be informed of where the will can be found when the testator has died and the will must be probated.
Does a daughter have to be informed by the executor of a will that she has been written out of her mothers will?
It would make sense that the executor should do so. Otherwise they are very likely to have the will challenged in court. That does not mean that the daughter will get to inherit anything, but the estate will be diminished if it has to undergo legal challenge.
Can the executor of an estate borrow against the estate with the informed consent of all beneficiaries?
Yes, as long as all beneficuiaries agree. It is a simple loan agreement.
Can an executer cheat the beneficiary of the estate?
Although it is possible for an executor to act inappropriately and potentially cheat a beneficiary, there are legal safeguards in place to prevent such actions. Beneficiaries have the right to hold the executor accountable through legal action if they suspect foul play. It is essential for beneficiaries to stay informed, ask questions, and seek legal counsel if they have concerns about the executor's conduct.
If you wasn't name the executor does that means that you still maintain the ownership of the 13 of the house which you were given by the deceased befoe hisdeath?
As long as that property was put in trust, the executor has no legal right to upset what has been put in that trust. I understand that the executor is only present to fulfill the wishes of the deceased and abide by the rules and (your state) laws as to what needs to be finalized. there are instructions given per state how to act as executor (personal representative) of an estate. If the house was given to you and was NOT PUT IN TRUST before the individual deceased.....I can tell you now... U R SCREWED! I am sorry to inform you but I am just now dealing with all these issues as a personal representative for my siblings (7) and our parents did not put their property in trust. BIG MISTAKE! By right u should not even be living in the home... I am NOT an attorney, just a daughter who wants to finalize her parents life estate respectively. I wish you the best and Please Do Not Assume anything belongs to you, because you grew up in it or your parents said it was yours......we r not children after our parents go! Now you may find the executor to be the Referee or the Enemy!??! Just know not to take it out on them, they have no choice by the courts of law. Really I Wish You The Best! Get Informed Legally as I did and you will get alot of information. I am Sorry for your Loss, Bessie
Is there a time limit in Texas for an executor has to settle an estate?
There is no specific time limit set by law in Texas for an executor to settle an estate. However, the executor should work diligently and efficiently to distribute the assets in a timely manner, typically within a year or so, unless there are complex circumstances that require more time. It is important for the executor to keep beneficiaries informed of progress to avoid any disputes or legal issues.
