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Then another person will need to be appointed such as an attorney.
Then another person will need to be appointed such as an attorney.
Then another person will need to be appointed such as an attorney.
Then another person will need to be appointed such as an attorney.
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∙ 13y ago
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What happens if one executor wants to put her children as executors and the othe executor disagrees?
Executors don't appoint executors. The court appoints them.
What happens if the executor of an estate refuses their position and makes the next of kin executor?
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.
How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?
The executor can file a resignation with the court and you would petition for appointment as the successor.
If the executor asks a lower price for a property than the joint beneficiary wants what are the rights of the beneficiary?
The executor has a duty to the estate to bring the best possible price for the liquidation of the assets. The executor will list the property for what it is worth, not what the beneficiary wants.
If someone is the executor of estate and wants to do a modification on a loan they are not on is that an option?
The decision to allow the executor to modify an existing mortgage is up to the lender. The executor could refinance the property with a new mortgage if allowed by the court.
How does an Executor nominate a new one?
An executor who wants to end their duties must petition the probate court that appointed them to allow their resignation. The court will appoint a successor. Another person who is interested in being appointed should join in the petition.
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.
My father left land to four children one wants to split it and three wants to sale it Who decides in Tennessee?
So, sell a quarter of it to the once who wants it and sell the other three to who ever. The executor makes a recommendation to the court who will approve it.
Can an executor get any of the computer equip he wants before the siblings?
The executor is supposed to execute the terms of the will. If the will says that "person X" gets any computer equipment of the decedant's that he wants, with the remainder going to the siblings, then person X gets it, whether person X is the executor or not. If it says the computer equipment goes to "the siblings", then that might be a gray area if the executor is one of the siblings, but usually an equitable distribution is implied, so the executor can't say "I'll take the Cray YMP, and you can have the Apple II". An executor who violates the terms of the will is acting in bad faith, and you should retain a lawyer to file a complaint with the probate court.
What should yo do if the executor of will wants to buy siblings out but not fair price?
Petition the probate court for a new executor. They will most likely appoint a neutral party.
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.
Can 1 executor refuse to release cash until other executor agrees to what he wants to do with property?
When there are co-executors of an estate one has no superior rights over the other. If they cannot agree then the conflict needs to be presented to the court for a solution. The beneficiaries have the right to expect that the estate be settled with expediency. An executor who is holding up the process can be removed by a petition filed by the heirs or the other executor.
