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What happens if the executor of an estate refuses their position and makes the next of kin executor?
Wiki User
∙ 16y ago
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.
Wiki User
∙ 16y ago
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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.
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 if executor refuses to file an accounting in 9 years?
This could be ground for an action for removal of the executor. A personal representative, whether an executor of a will or a trustee of an estate, may be removed for failing to meet the responsibilities of the position. Any interested person can petition to remove an executor. An interested person is usually any present or future beneficiary or creditor who has a stake in the estate. The petition for removal may be combined with a request for appointing a new, alternative personal representative.
Is the executor of an estate always required to file an accounting of the distribution of the assets of an estate?
Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.
Can an executor take cars out of state?
If the executor is in process of selling the car for the estate, I believe it would be proper for them to do that. The executor does not own it but it is their position to disperse the assets.
Why would an executor of an estate be revoked?
Failure to comply with the court's directives. Embezzling the funds of the estate. Resigning from the position.
Can one be an executor of probate but not the estate?
There is no executor of probate. The executor of the estate executes the will and probates the estate.
What happens to an estate claim known about by the executor but not filed during probate.?
The executor has breached their duty. They have a requirement to take care of the estate and resolve all its assets and debts.
What is the executor of estate for the Titanic?
What is the executor of the estate for the titanic?
What if an executor refuses to pay bills for the deceased?
The executor cannot refuse to pay properly documented debts. They do not have to pay them personally, the money comes from the estate. If there isn't any money, they show the court the assets and distribution and the estate is closed. And if they insist on not paying, the court can revoke their status as executor and assign it to someone else.
Can you first accept to become executor of the estate and then resign?
You can resign from the position upon providing a full accounting of your actions in regards to the estate.
Should a solicitor notify beneficiaries if an executor owes money to the estate?
Generally, an executor is in a fiduciary position and thus prohibited from using the assets of an estate for personal use. It should be reported to the court immediately.
