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What happens when an executor dies while administering the estate?
Wiki User
∙ 12y ago
The court must be notified of the death and it will appoint a successor.
The court must be notified of the death and it will appoint a successor.
The court must be notified of the death and it will appoint a successor.
The court must be notified of the death and it will appoint a successor.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoThe court must be notified of the death and it will appoint a successor.
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What if a beneficiary of a will dies while the will is being dealt with by the executor?
The beneficiaries' estate will get their share. The executor will continue to process things according to the will.
If a parent dies while house in foreclosure?
The executor of the estate represents the decedent.
Does the executor of a will have rights to distribute the estate before the mom dies?
They certainly do not have the rights. The executor has no power while the testator is still living.
What does an executor of estate do when a will wasn't made and there is a lot of unknown debt Is it mandatory to post who the executor is in the newspaper so these debts can be paid?
When there is no will, the estate is typically distributed according to state laws of intestacy. The executor would need to identify and pay off any known debts using the estate's assets. While it may not be mandatory to publish the executor's name in the newspaper, doing so can inform any creditors of the estate, making it easier to address outstanding debts.
Is a Real Estate buyer allowed to check a title commitment without seller's permission?
While the estate is being probated, the executor is the legal representative of the estate and has been issued Letters Testamentary that authorize her to act on behalf of the estate. The power to sell real estate is generally granted in the will, if not, then the executor would need to petition for a license to sell the real estate.
If dad dies and there is a stepmom who is executor is accounting of estate still required?
There is still a need for an estate. While the current spouse will typically inherit at least half the estate, the children may be entitled to a portion.
Can an executor be set aside in probate?
Yes. A court can decide not to appoint the named executor if any interested party provides a compelling objection to the appointment. Also, the court can remove an executor and appoint a successor if it finds the executor is mishandling the estate, submits a resignation or dies while in office.
Can a vehicle in an estate be taken to a dealership if all heirs do not agree?
The executor determines what will occur. While they will normally attempt to agree with the wishes of the beneficiaries, they are responsible for resolving the estate and its debts.
Can an executor who is also a beneficiary get money from the estate while still in probate?
If the estate contains enough assets to settle all of the debts, they can. Also, the executor is, by law, entitled to be paid for their time. The rate is often set by law and the probate judge has to approve the distribution. If they have properly documented their time, it is reasonable to bill the estate and collect it.
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.
What is the difference between Executor and Power of Attorney?
A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal. An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.
How do I question division of my father's estate?
You ask the executor or administrator for an accounting. If they do not provide one, you ask the probate court to call the executor or administrator before it to produce the required accounting (and to post a fiduciary bond, while you're at it).
