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When a person dies intestate with four children who is the executor legally?
When a person dies intestate (without a will) the court must appoint an Administrator to settle the estate. The court's first choice would be the surviving spouse. If they cannot serve any child can request appointment as the Administrator. The family should get together and agree on one person who has the best communication skills, organization skills, intellectual skills and integrity. You should consult with an attorney who specializes in probate law.
What are the laws in Texas when someone dies without a will?
== == Texas intestate succession laws are quite complicated, especially when they pertain to married couples -- Texas being a community property state. Professor G. Beyer teaches at TTU school of law and has a very informative site concerning such issues. http://www.professorbeyer.com It depends on the size and nature of the estate. If it's just real estate, an affidavit of heirship, signed by two disinterested persons and recorded in the county deed records, is sufficient. Sometimes a small estate affidavit will do, or perhaps an application for order of no administration. Larger estates would likely need an heirship proceeding and administration. If all distributees are adults and agree, the administration can be independent of court supervision, other than determining heirs, appointing the administrator, and approving an inventory.
How long do you have to agree on a executor if no will exists?
If there is no will then there will be no executor. When a person dies intestate, or without a will, a qualified person must petition the probate court to be appointed the administrator of the estate. That should be done as soon as possible. You should seek the advice of an attorney who specializes in probate in your area.
Is there a way to become administrator of an estate if the children of the deceased cannot agree?
Yes, in such cases the court will often appoint a neutral third party, such as an attorney or a bank.
What to do when nobody was named as executor in heir estate?
If nobody was named as an executor in someone's estate, you should check the local laws and regulations regarding intestate succession. In most jurisdictions, the court will appoint an administrator to handle the estate. This is usually a close family member or a professional. Consult with an attorney who specializes in estate law to understand the specific steps and requirements in your jurisdiction.
Co-administrator of estate?
The co-administrator of an estate has as much equal access to the estate as the administrator. If property or the estate needs to be divided, the parties will need to agree.
How do you get a letter of testamentary if the deceased did not leave a will?
You need to open an estate. This can be done at the court house. There will be a set of forms that need to be filled out. If all of the beneficiaries agree and are notified, the court will issue a letter. A probate attorney can be a big help in taking care of all this.
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 successfully agree to a relative NOT on the will receiving money?
No. Not unless that power was granted to the executor IN THE WILL. Any assets not specifically devised in the will are to be distributed as intestate property under the state laws of intestacy. Remember that the executor must be appointed by the court and settles the estate under the supervision of the court. Any misbehavior should be reported.
What would be a real estate example of discharge from contract by agreement?
If both parties agree that they do not want to pursue the contract for the purchase and sale of real estate they can mutually agree to void the contract.
Your father had no will are you responsible for his medical bills after his death?
Well, not you personally. But your father's estate will have to settle the outstanding liabilities. If your family cannot agree on a executor, the court will appoint one. The executor's job is to see that all bills are paid prior to distribution of the estate to the heirs.
What if furniture and jewelry are not listed in a will?
If they are not specifically mentioned in the will, they pass pursuant to the residuary clause to the person/persons who get the residuary of the estate. These items are usually divided among the residuary beneficiaries as they may agree to do so. If they cannot agree, then the items are sold and the proceeds distributed equally.
