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It is against the law to withhold a decedent's Will from being probated. If you suspect someone of doing so you should visit the local probate court and ask the clerk how to file a motion to compel that person to produce the Will.
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∙ 7y ago
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What happens when executrix signs her power over to executor?
An executor must file a resignation with the court that made the appointment.
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 can the executor do between the death of your farther and before appointed exector Can they empty out there house?
Absolutely not. An "executor" has no power or authority until they have been appointed as the executor by the court. The most anyone should do until then is to secure the property and collect important records that will need to be turned over to the court appointed executor.
What happens if executor is gravely sick?
what hanned if the executor of wil is sick
What happens if the executor listed in the will can not be found?
The court will appoint an executor. That is often an attorney or a bank.
What happens when there is no Will or Executor or administrator?
The court will appoint an executor and the estate will be subject to the intestate laws of the jurisdiction.
What happens if one of the named executors dies?
The remaining executor takes over, or the court will appoint a new one. No will shall fail because of the lack of a named executor, the court will simply appoint one.
What happens if the executor of an estate refuses their position and makes the next of kin executor?
Happens all the time. No big deal. The executor, whomever it is, fulfills the duties are required by law. And if no one 'wants' to be the executor, the court will appoint someone to do it, usually an attorney or a bank.
If the executor has died what happens now?
The court must be notified of the death and a new executor must be appointed. You should speak with the attorney who is handling the estate.
Can an executor sign over executor-ship over to someone else?
No. The executor would need to file a resignation with the court and the court will appoint a successor.
What happens if the executor of a will dies and will is not updated to reflect this change and the husband of the couple making the will dies?
If the named executor has died then the court will appoint an executor. An interested party can petition to be appointed executor.
What happens to the assets due to an executor if the executor of a will dies?
They become part of his estate. The executor of his estate would file the claim against the first estate.
