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You have problems. In general, when there are more than one executor, a majority of the executors rules on any one decision or action. That is easy. The difficult situation is where there are only 2 executors and if they disagree there is no majority. When there are two executors, all decisions and actions must be unanimous. If they disagree on something they either have to go to court and have the court make the decision or, if there is no hope of them ever agreeing on anything, then they should go to court to have one removed or have both removed and an impartial person appointed to serve as the sole executor.
Wiki User
∙ 15y ago
Wiki User
∙ 12y agoYou need to have the situation reviewed by an attorney to determine whose power is superior. You should ask the attorney who is handling the estate. Generally, their powers, duties and responsibilities do not overlap.
You need to have the situation reviewed by an attorney to determine whose power is superior. You should ask the attorney who is handling the estate. Generally, their powers, duties and responsibilities do not overlap.
You need to have the situation reviewed by an attorney to determine whose power is superior. You should ask the attorney who is handling the estate. Generally, their powers, duties and responsibilities do not overlap.
You need to have the situation reviewed by an attorney to determine whose power is superior. You should ask the attorney who is handling the estate. Generally, their powers, duties and responsibilities do not overlap.
Wiki User
∙ 12y agoIf co-executors cannot agree on how to proceed with settling the estate then they must bring that problem to the attention of the court. The one who thinks a certain action should be taken can file a motion requesting a ruling by the court as to what action should be taken. If their failure to work together hinders the settling of the estate the one causing the problems should be removed. If both are failing to act in the best interest of the estate then both should be removed and replaced by a single executor.
Wiki User
∙ 12y agoYou need to have the situation reviewed by an attorney to determine whose power is superior. You should ask the attorney who is handling the estate. Generally, their powers, duties and responsibilities do not overlap.
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Is an executor of a will in Queensland a Trustee?
Yes, an executor of a will in Queensland is also considered a trustee. The executor's role includes managing the deceased's estate and distributing assets to the beneficiaries in accordance with the terms of the will, which involves acting in a fiduciary capacity similar to that of a trustee.
What are the responsibilities of an executor of a living trust?
A trust doesn't have an executor. It has a trustee. The trustee manages the trust according to the terms of the trust.
Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
Is an executor of a will the same as the trustee?
No, an executor and a trustee are not the same. An executor is responsible for managing the deceased's estate and ensuring the terms of the will are carried out, while a trustee manages assets in a trust for the benefit of the beneficiaries during the trust's duration.
Can an executor to the will and as a trustee purchase the other trustee half?
A trustee doesn't have anything to buy or sell. If the property was left to the two, he can buy out the other party if they agree to it.
What if the executor of a living trust spends all the money that was in a bank account to maintain the estate for his own personal use Now there is no money to maintain the estate.What can be done?
A living trust has a Trustee (not an executor). You can bring a lawsuit against the Trustee. In the lawsuit the trustee will have to show what was done with the money, and the court will judge whether it is against the law or not. The trustee has a fiduciary responsibility and if that is violated, and there is proof, the trustee will lose the lawsuit and you will win damages.
How does the executor in a living trust remove a family member from property?
A trust doesn't have an executor. A trustee manages a trust according to the provisions set forth in the instrument that created the trust- the Declaration of Trust. You need to review that declaration to determine what the trustee can do and how.
Can executor disagree with the will?
In that sense, it is the executor's decision and will to be the executor. Were it not his will, he would not act as executor. However, it is in the hands of the executor to allow another's will to be his own. The executor then becomes nothing other than that of a servant. The question would then become, "Does the servant honor his master's wishes?" Truly, it is not his wish. No matter what, the executor acts in accord to what he serves. Whether he serves "the will" of some other person, or the will of his own, or even another's will that is different from the one he should execute, he is executing. All are servants to something or someone. Whether it is to oneself or to something or someone else, all serve. An executor must execute, else he is not an executor. ANOTHER WAY OF LOOKING AT IT... Yes, an executor may not believe in what he is doing. He may disagree with anything and still do it. Should a person do something that he or she should not believe in? Should a person do something with which he disagree? One must ask why he disagrees with it. If he truly does disagree with it, then should that person execute? One should always stand up for what is good and right, so it makes sense that if there is any injustice in an execution that the executor should in fact not execute. To come back to the point, an executor may disagree with the will. He should not in good conscience, execute if he, in fact, did disagree with said will. Thank you and good night.
Does a trustee have to follow the will?
Yes.A will must be probated in order for it to be approved by the court and for the court to appoint an executor. If a trust is set up in a will (testamentary trust) then the court must officially appoint the trustee also. The executor and the trustee must follow the provisions in the will, the testamentary trust and the state probate laws under the supervision of the court.Both the executor and the trustee must follow the provisions of the will and the trust set forth in the will exactly. They have no power to change anything. If they fail to act efficiently they should be reported to the court and replaced. They have no other power except that provided by the will and the court.
Is it legal for an executor of a trust to change the title on a property from The Jane Doe Trust to the Executor's own name as his sole and separate property and then get a loan?
First. A trust is managed by a trustee and not an executor. Second, a testamentary trust should be supervised by the probate court. The trustee has only those powers that are set forth in the document that created the trust. What you describe sounds like self-dealing by the trustee. You should bring the matter before the court and ask for a review of the trustee's actions. The trustee should also be asked to provide an annual accounting of the trust property for every year they are in office. If the trustee is mishandling trust property they should be replaced. You could ask the court to remove the trustee and appoint a replacement.
If the Executor is not following deceased wishes as to the ashes as stated in his will-is this a criminal offense?
The executor should be reported to the court that made the appointment. The executor should be removed for a breach of their fiduciary duty. The court can appoint a successor trustee.
Is it the duty of an executor to carry out all of the requests of the deceased no matter how the executor feels about such requests?
No, they can appoint another trustee, as long as all the promised wishes get carried out specifically as designated.
