Want this question answered?
If the named executor has died then the court will appoint an executor. An interested party can petition to be appointed executor.
They become part of his estate. The executor of his estate would file the claim against the first estate.
The court that made the appointment should be notified and a successor executor must be appointed.
No. If the executor dies the court must appoint a new executor.
They certainly do not have the rights. The executor has no power while the testator is still living.
Yes.
You should seek official legal advice, but the online consensus seems to be that the 2nd person in line to be executor becomes in charge of the estate.
Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work.
The executor does not have any rights or responsibilities before the person dies. Being paid makes no sense and is not a legal right.
The executor of the estate will usually be substituted in as the plaintiff.
If the person granted power of attorney and executor dies before the grantee, then the power of attorney is terminated, and the grantee would not be able to rely on the power of attorney anymore. The executor's role would typically be carried out by an alternate executor named in the will, or the court may appoint a new executor if there is no alternate named. It is important to regularly review and update estate planning documents to ensure contingency plans are in place.
If your grandmother is still living, you can't. If she is deceased, the executor of the will is required to notify you if you are in the will. If there is no will, and your parents are deceased, then you should contact the probate court and/or executor.