The court must be notified and another interested party must request appointment as the successor.
They certainly do not have the rights. The executor has no power while the testator is still living.
They become part of his estate. The executor of his estate would file the claim against the first estate.
Yes, if your brother is an heir or the executor of her estate.
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.
You should seek official legal advice, but the online consensus seems to be that the 2nd person in line to be executor becomes in charge of the estate.
You have to open an estate. The court will then appoint an executor. The executor will have the letter of authority that will, with the court's permission, sell the real property of the estate.
The executor of the estate represents the decedent.
The beneficiaries' estate will get their share. The executor will continue to process things according to the will.
Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work.
A Power of Attorney is extinguished when the principal dies. The attorney-in-fact has no power to do anything. The probate court appoints the executor or administrator for the estate.
If your brother is executor of the estate, yes.
There is a form that is submitted to the court with the will to request a letter of authority. It can recommend who wishes to be the executor. In most cases, unless there is controversy, the court will appoint that person. Otherwise the court will appoint a neutral party.