0
What else can I help you with?
What happens in Texas when the executor of the will was incarcerated for a felony?
In Texas, if the executor of a will is incarcerated for a felony, they may be disqualified from serving as executor. It will be up to the court to determine if a new executor should be appointed to handle the estate administration.
Can a co-executor choose to drop out after a year and a half without the knowledge of the other co-executor?
No. The co-executor must file a resignation with the probate court in order to free themselves of any obligations and responsibilities in the estate and to notify the world they will no longer be serving as co-executor.
Can a guardian rent out probate estate on your behalf?
Typically the executor does that, not the guardian, but it is possible they are serving as both.
What is it called when a bank has power of attorney over a will?
The bank is serving as executor. They will have a letter of authorization from the bank.
Can I ask for a fee to be executor of my Father's estate?
Yes. A court appointed executor is entitled to be paid for their service and the rate is set by state law. If there is a will, there may be a clause that restricts it for a family member serving as the executor. Depending on the jurisdiction, that may be valid.
Can executor ask beneficiary to return keys?
Yes, the executor is responsible to the court to preserve the estate. Securing the property by preventing others from accessing the property is a step in that direction.
Is a Will valid if the only one Executor appointed in it dies?
Yes. The court will appoint a new executor when it is notified that the first executor it appointed has died.
Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?
Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.
What happens to the assets due to an executor if the executor of a will dies?
They become part of his estate. The executor of his estate would file the claim against the first estate.
If an executor does not distribute the assets can those included in the will force the executor to do so?
First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.
What happens in Texas when the executor of will was convicted for a felony?
This question begs another question of why was the person appointed in the first place. Perhaps they have since been convicted but that implies that the estate has been uncompleted for a long time. In any case, some other interested party should petition to have the executor removed and a new executor appointed. This situation should be handled by the attorney who is representing the estate.
When should an executor of an estate know they are appointed executor?
When the testator has passed away. That is when their duties begin. The first thing they have to do is file with the probate court to be appointed as executor.
