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They can decline the responsibility. The court will assign someone else to be executor.

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12y ago

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What is relational capacity?

The degrees of and amount of relationships that you are physically and mentally able to handle.


How does executor of a will access a checking account?

First they need a letter of authority from the court. They present that to the bank and will be able to access the account.


Can executor of a trust write checks to pay bills?

The executor is responsible for settling the estate. That will include writing checks to pay bills. In most cases they will create an estate account to handle these items and be able to provide a complete accounting to the court.


A beneficiary is being difficult and won't accept his small inheritance. What does a court expect the executor to do to fulfill his obligation concerning the distribution?

The executor must distribute the estate according to the provisions in the will and the state probate laws. Any time an executor encounters a difficult situation that involves not being able to follow the provisions in the will (such as not enough assets to pay debts and legacies) the executor can explain the situation in a motion to the court and ask for a ruling. The court will review the problem, apply state law and render a decision that instructs the executor how to handle the situation. The decision protects the executor from any future claims of malpractice as the executor.


How does one collect an inheritance?

You need to talk with the executor of the estate. The probate court should be able to assist you in locating who has been appointed as executor.


If the executor of a will develops alzheimer's but has a power of attorney does then the power of attorney make executor decisions?

In most cases they would not be able to serve in that capacity. The court is not likely to appoint someone with Alzheimer's to serve as executor.


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You need to be physically able and able to handle boredom.


A person appoints a child as executor of the estate. is executor of estate required to list assets after that person dies?

That is one of the duties of the executor. They have to inventory the assets and debts of the estate. Then they will be able to liquidate the debts and distribute the assets.


Can you transfer a property that is willed to you in NY State without putting property in your name?

You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.


Do courts favor next of kin for executor of estates?

Courts typically give preference to the next of kin when appointing an executor of an estate, especially if they are willing and able to fulfill the role. However, the final decision ultimately depends on the specific laws and circumstances of each case. Factors like competency, potential conflicts of interest, and the wishes of the deceased may also be considered.


How do you sell stock of deceased parent?

The executor of the estate is able to sell assets of the estate.


Do executors have the right to know will before death of person?

An executor has to have the will in order to be able to execute it, and if you don't give the executor a copy of your will while you are still alive, you certainly are not going to be able to give him a copy after you are dead, at least, not unless you have a preliminary executor whose function is to give the will to the actual executor - which is really a needless complication.