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Does power of attorney for finance stop after death and the executor takes over?
Yes. The POA is extinguished upon the death of the principal.
Does executor have power immediately upon death?
No they have no power before death. They have no power after death until the letters of authority are issued.
Can a co executor of an estate make the other co executor turn over a benefit check to the estate?
Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.
If your the executor of a will and you find the bank account has Pay upon death on it and it is not the executor who pays taxes on that?
I have been the executor of my mothers money, I pay her nursing home bills with it, she just died and i have 200,000 dollars left, do I have to pay tax on that money.
Can executor of will change beneficiary after death?
Can an executor of will change beneficiaries before or after death
What happens to stock upon death of owner?
It becomes a part of the estate. The executor has to determine their value and either liquidate them or transfer them to the inheritor.
What is the difference between Executor and Power of Attorney?
A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal. An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.
Why can't the power of attorney and executor of the estate be the same person?
A power of attorney is extinguished upon the death of the principal. An executor is the person appointed by the probate court to handle a decedent's estate. One office serves the living and the other office serves the deceased.
How can one get an accounting of monies in my father's estate when my brother is power of attorney and executor and one believes he stole from estate?
The power of attorney is extinguished upon the death of the principal. An executor must be appointed by a court. The executor must file an inventory of all the assets owned by the decedent at the time of his death. If you suspect your brother of stealing you should contact an attorney who can review your situation and explain your options.
Can you be executor and power of attorny in the same will?
Yes. A person can name the same individual as their attorney in fact under a Power of Attorney and as the named Executor in their Last Will and Testament. Generally, a Power of Attorney is extinguished by law at the time of death of the principal. At that time the person named as Executor needs to petition the Probate Court for appointment as Executor.
Can an ex-wife be sole executor upon death of husband and in the absence of a will?
While it is possible, it is probably not the best choice. An actual beneficiary would be in the best position to serve.
How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?
The executor can file a resignation with the court and you would petition for appointment as the successor.
