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What happens if the executor dies before the estate is distributed?
Wiki User
∙ 13y ago
Usually the next of kin will be sought after by a company "In Trust". Children of the deceased will be sought out, or if there are no existing children it can go to a sister, brother, parent of the deceased.
AnswerThe court will appoint a new executor. The residual amount then goes into the estate of the person who was to get the remainder and then their estate will distribute as appropriate.
Answer
The court will appoint a new executor. As to the residuary legatee, it depends on when they died. If they were deceased at the time of the death of the testator the gift will lapse unless there is language to the contrary in the Will. If the gift lapses and there is no successor residuary legatee, the residuary will be distributed according to the laws of intestacy as though there is no Will.
Wiki User
∙ 9y ago
Wiki User
∙ 14y agoA well-written will has a list of people who will be executor if the executor before them passes away. Otherwise, the will goes to probate court where a judge will take tesitmony, then make the decision.
Wiki User
∙ 11y agoThe court will appoint a new executor. It may be a family member, an attorney or even a bank.
Wiki User
∙ 14y agoIf the executor dies the court must appoint a new executor.
Wiki User
∙ 13y agoThe court must be notified of the death and a successor executor will be appointed.
Wiki User
∙ 10y agoThe court will appoint another executor. No will shall fail because of the lack of an executor.
Wiki User
∙ 9y agoThe court will appoint an executor. No will shall fail because no executor is named.
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Is the executor responsible for the lawyers fees?
The estate is responsible for attorney's fees. The executor is responsible to pay the debts of the estate before any property can be distributed. If the executor mishandles the funds they will be personally liable.
How can you be the executor if there is no will?
Apply to the probate court. They will appoint an executor and the estate will be distributed according to law.
Is excutor of estate responsible for paying the prior homeowner association fee?
Yes. The executor of the estate is responsible for paying any outstanding debts owed by the decedent. Those debts must be paid before any assets can be distributed to the heirs.Yes. The executor of the estate is responsible for paying any outstanding debts owed by the decedent. Those debts must be paid before any assets can be distributed to the heirs.Yes. The executor of the estate is responsible for paying any outstanding debts owed by the decedent. Those debts must be paid before any assets can be distributed to the heirs.Yes. The executor of the estate is responsible for paying any outstanding debts owed by the decedent. Those debts must be paid before any assets can be distributed to the heirs.
Can the executor of estate be held liable for taxes owed if estate is solvent?
The executor is responsible for paying any debts, including taxes, owed by the decedent before any assets can be distributed. If the debts are not paid and assets are distributed the executor can be held personally responsible.
Who does the executor account to after probate?
No one, unless some malpractice is discovered on the part of the executor after the estate is closed and sues the executor. Once the estate is distributed and a final account is filed and approved the executor is discharged and the estate is closed. After that, the executor has no authority.
What happens to the estate in Va. if there is no will?
The estate still exists and will be distributed per the intestacy laws of Virginia. The executor will file with the probate court and follow the courts direction.
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.
Can an executor pay for vouluntary services such as hospice out of estate money?
The executor is obligated to pay all of the debts of the decedent. The creditors get paid before any funds or property are distributed to the heirs.
Is an executor entitled to a commission on the estate if the home is left to him and the money is to be distributed among 3 siblings?
No. The executor gets no commissions. They get paid a fee set by the state.You need guidance from the attorney who is handling the estate. An executor is personally liable for mishandling estate property or funds.
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.
Can an executor transfer the decedent's property into their own name under a executor deed?
You haven't included enough detail. Self dealing by a fiduciary is against the law.The executor must be appointed by the court and then must follow the provisions in the will and state probate laws. The provisions in the will should include what to do with the real estate. In order for an executor to transfer title to real estate they must have that authority granted in the will. If the authority was not granted by the testator the executor must apply for a license to sell the real estate and before it grants the license to sell the court will examine the proposed transfer.
Who is responsible for the medical bills if the decedent left a will?
If there is a will the will should name an executor and the estate must be probated. While the "estate" is liable for the bills, it is the executor who is authorized to settle them out and pay them once they have been appointed by the probate court. The debts must be paid before any property can be distributed to the heirs.
