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If you don't want to be the executor, you can always refuse the assignment. Make sure to speak with the person writing the will or legal document and state your refusal in writing.
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∙ 9y ago
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Does the executor work for the beneficiary?
No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.
Who can be the executor of the estate?
Anyone that is of legal age can be an executor.
What if 2 people want the same item from an estate?
The executor will have to make a decision. If they are unable to, they can petition the court for assistance.
Can executor also be a beneficiary from will?
Yes. An executor may also be a beneficiary.
Can you benefit from the will if you are the executor?
Yes, nothing prohibits the executor from receiving part of the estate. In fact, it is more common than not for the executor to receive something, as for example, where a husband leaves his estate to his spouse and makes her his executor.
You did not know you were executor and do not want to do it?
You can decline the responsibility. The court will appoint another executor.
What if you don't want to be a co executor?
Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.
How about the family member don't want to sign off of executor fees?
Executor fees are set by law. The family does not have to sign off on them.
When a testator dies and the named executor does not want the duty how does he find a new executor?
The appointment of a named executor or replacement of an executor for any reason is under the jurisdiction of the probate court. The named executor can file a Declination if they don't want to accept the appointment and the court will appoint an alternate. The person who wishes to relinquish the office after appointment as the executor must file a motion with the court to be relieved of that duty and the court will appoint a successor. If the executor dies or becomes incapacitated the court will appoint a successor. If there has been misconduct or breach of duty by the executor the beneficiaries may petition for removal and appointment of a successor.
What if the executor does not want to sell a house in the will?
There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.
Can an executor allow a house to be foreclosed on if there is no money in the estate to pay monthly mortgage?
Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.
Do not want the appointed executor?
he has changed his will a few times..how do we know if we have the latest?
If an executor overpays a beneficiary and the other beneficiaries want the overpayment back who is liable?
The executor is liable for any errors they make in paying debts or paying beneficiaries.
How do you change the executor of a will?
The individual has his or her will amended to show the new named executor or executrix. The amending will need to be witnessed and notarized (preferably) in the same manner as the original document, but not neccessarily by the original witnesses. An executor or executrix who has been appointed by the probate court or was named by the testator (testrix) must be relieved of the responsibility through the court.
If the executor of an estate doesn't fulfill his duties because they can't be bothered with it does the 2nd executor automatically take over If so what if 1st decides they want to again?
The court issues a letter of authority to the executor. If they haven't applied or decline it, they are not on the letter.
As sole executor of will can you be forced to sell house by the other beneficiaries?
As an executor, you have a duty to sell the house and distribute the proceeds. If you want to buy the house from the estate, you can make that arrangement.
Can probate be closed if all heirs dont cooperate?
The executor can work at closing off the will without any requirement of the heirs to cooperate. As long as the executor can justify the distribution of the assets, the court can approve the proposal of distribution.
