0
What happens if the family of a deceased person object to the executor of the will?
I am not an attorney. You could mean that family don't like the person chosen to be the executor, or that family object to something the executor is doing. Not liking the person is petty, and not worth getting upset about. The executor was chosen by the deceased, and if the will is in order and if the executor is doing everything properly, then you just suck it up until the assets are distributed. If the executor is not following the exact specifications in the will, then there is a problem. Family should be able to obtain a copy of the will, and if the executor is misbehaving then probate court has to come into the picture. Even when there is a will, the process is handled by probate court, although the process is much more streamlined when there isa will. But the provisions of the will have to be determined to be legal by probate court, and no executor can simply do what he pleases without regard to the provisions of the will. It sounds like probate court may be able to help you.
What else can I help you with?
What if the executor refuses to read the will?
The named executor has no authority until they have been appointed by the court and she/he is obligated by law to file the will with the probate court within a reasonable period of time, usually around 30 days. If they don't produce the will they are in violation of law. If the named executor is with-holding the will then the family has several options. Another family member should tell that person they will file a petition for administration as though the decedent had no will. The court will notify all the interested parties of the petition and if the executor doesn't produce the will the court will appoint an administrator to settle the estate according to the state laws of intestacy. The family could also file a complaint with the probate court that the named executor is with-holding the will and the court can issue an order to file it. The family could object to the appointment of the named executor and another person could request appointment. You should consult with an attorney who specializes in probate who can review your situation and explain your options. A letter from an attorney might motivate the executor to produce the will.
When an executor steps down can the court apoint a family member even is some of the family memers object?
The court can appoint anyone the deem proper. If there are objections, they may appoint a neutral party, which will cost the estate more money.
Can a sibling claim themselves as executor of your parents estate without your consent if there isn't a will?
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.
Can executor of the estate see the will without decedent's permission?
The executor of the estate is responsible for executing the will. They will have to get the will eventually. The decedent, being dead, cannot very well object to their seeing it.
What is the legal recourse if the executor of a will does not fulfill their duties?
Go to the probate court and ask them to appoint a new executor. In this case they will probably request a full accounting from the existing executor. If it is not complete, they are likely to appoint a third party (an attorney or bank) to serve as the executor. This will cost the estate more money, but it is going to be done correctly.
What happens to the mass of an object what happens to the acceleration?
If the mass of an object increases, what happens to the acceleration?
Can a daughter have her mother's will changed prior to her being named the executor knowing her mother is dying of brain cancer?
No one can change another person's will. The testator can make changes only if they have the legal capacity to make changes. No one can "have" another person's will changed because a legal professional knows that it cannot be done. If the daughter who is trying to change the will is the named executor the family should object to her appointment as the executor after the testator's death. Some other more trustworthy and responsible person should petition to be appointed as the executor.
What Is Probate Law?
When a person dies, their possessions and assets do not go with them. Sometimes there is confusion about who will inherit what from a person's estate. The area of law that is used to solve these kinds of problems is probate law. Probate law is what is used to determine how a deceased person's assets are distributed among heirs. In most places in the United States, this process is overseen by a court. In addition to the court's involvement, a person will be chosen to perform the duties of executor. The executor's job is to handle the estate. This person is also tasked with making sure that the deceased's taxes and creditors are paid. The executor will also distribute the deceased's assets to different beneficiaries. However, it is unlikely that the executor will be able to distribute these assets as he or she pleases. Instead, that executor must adhere to probate law when determining what heir receives what assets from the estate. One of the most important things that determines how probate will proceed is the deceased's will. If a person did leave a will behind, the legal term "testate" is used to describe that person's death. One of the jobs of the court is to determine if that will is valid. This process may involve the input of heirs or other beneficiaries that might object to the will's validity. Such objections can be made for a number of reasons. For example, an heir may claim that the deceased was not of sound mind when he or she drafted the will. The legal term "intestate" refers to a case in which a person died without a will. This is the situation in which probate law becomes much more important in determining which heirs get what from the estate. In such a case, a personal representative as opposed to an executor may be selected by the court to oversee the estate's distribution. During this form of probate, the chosen representative will likely make sure that the deceased's taxes and creditors are the first to be paid from the assets within the estate. After this has occurred, the heirs that get the other assets within the estate will be determined by specific probate laws. These laws can vary greatly from state to state. Usually, however, the closest family members get preferential treatment. This includes the deceased's spouse and children. More distant relatives are unlikely to get much from the estate if anything at all.
How can you as the child become the executor of the estate over the suviving spouse and no will?
Matters of probate are controlled by the laws of the state in which the decedent lived. Therefore, you should contact the office of the clerk of the probate court to obtain information on the procedures for filing for executor or executrix of the deceased's estate. ==Clarification== If the decedent died intestate the surviving spouse must Petition the probate to be appointed the Administrator of the estate. If there is no will then there is no executor.
Can a convicted felon serve as an executor in the state of Virginia?
If the deceased has named this individual as the executor of their estate, I do not believe there is a prohibition against it.... unless.... the individual is incarcerated and unable to carry out those duties.
How do you get the house in the name of your deceased wife transferred to you when the executor of my wife's will refuses to go to probate?
You should consult with an attorney and file a petition to be appointed the administrator of your wife's estate as though she died without a will. Her heirs-at-law will be notified of the petition and be provided with an opportunity to object. If there is a will then the person who has it will likely produce it. They may then file it for probate. You would have a viable objection to the appointment of the named executor in that will since they have already displayed evidence that they would be a hostile executor. You could petition to be appointed the executor. If the will is not produced then the estate would be distributed according to the intestacy laws of your state. You would reveive a share of your wife's property by law. You can check the laws out at the related question link provided below. You should contact an attorney ASAP.
What happens to an object with an unbalanced force?
The object will accelerate.
