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What is the legal recourse if the executor of a will does not fulfill their duties?
Wiki User
∙ 16y ago
Go to the probate court and ask them to appoint a new executor. In this case they will probably request a full accounting from the existing executor. If it is not complete, they are likely to appoint a third party (an attorney or bank) to serve as the executor. This will cost the estate more money, but it is going to be done correctly.
Wiki User
∙ 16y ago
Wiki User
∙ 14y agoIf there is property owned by the decedent, someone should petition to be the administrator of the estate as though they died without a will. That may force the person who has the will to produce it and file it.
If they petition to be appointed the executor the family should object to the appointment on the grounds that they have already been dishonest by refusing to file the will. An executor is in a position of trust. They would not make a trustworthy fiduciary if they have already acted secretively and been uncooperative. Someone else should be appointed.
Keep in mind that no one is an executor until the will has been examined and approved by the court and the court has appointed the executor.
Wiki User
∙ 13y agoHavee the executor replaced, you might have to petition the probate court to get this done.
Wiki User
∙ 16y agoYou can petition the probate court to replace them. If the executor is another family member, they may appoint an attorney or bank to serve as executor.
Wiki User
∙ 8y agoThe beneficiaries can submit a petition to the probate court for the removal of the executor and the appointment of a successor.
Wiki User
∙ 13y agoPetition the court to have them removed.
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What is the legal recourse if the executor of a will does not fulfill their duties in wa state?
Petition the court to replace the executor.
What recourse do the heirs have when the Propriety has sold the money is in the bank but the executor refuses to distribute the money to the heirs?
If the period during which creditors can make a claim has passed, generally, the heirs can submit a motion to the court to compel the appointed executor to make distribution. The executor has a legal obligation to perform all their duties in a timely manner. If the executor isn't doing that then complain to the court or to the attorney who is handling the estate.
Can the executor and alternate executor share duties?
Of course the alternate can volunteer to assist the court appointed executor in the fulfillment of her duties. However, the alternate has no legal power and will not be entitled to any compensation.
Can the executor demand the key to my deceased mother's empty house?
Yes, the executor of your deceased mother's estate typically has the authority to request the key to her empty house to fulfill their duties, such as ensuring the property is secured and managing its assets. It is important to cooperate with the executor to facilitate the estate administration process.
What is the legal action against a executor who can't provide answer for missing funds from a estate?
The most common charge would be fraud. Another is breach of fiduciary duties. The court can request a full accounting from the executor.
What if the executor is not the legal spouse?
Generally, an executor doesn't need to be the "legal spouse".
Does an executor have to go to court for power?
Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.
Is it legal for an executor to sell the principal residence through a listing agreement?
That is one of the duties of the executor, to properly dispose of property per the will. They are authorized to execute the will and to pay off debts. The sale of property may be required to do so.
Who can be the executor of the estate?
Anyone that is of legal age can be an executor.
What are the general duties of the executor of a person's estate?
The executor serves as a primary decision maker in carrying out a deceased person's will. This includes but is not limited to paying off taxes, distributing goods or funds to beneficiaries and filing appropriate legal documentation.
What if the executor refuses to read the will?
If the executor refuses to read the will, beneficiaries may hire a lawyer to compel the executor to follow their legal duties. Executors have a legal obligation to administer the estate according to the deceased's wishes as outlined in the will. Refusing to fulfill their duties can result in legal consequences.
Legal rights and duties are defined and enforced by the what?
Legal rights and duties are defined and enforced by the law, which is a system of rules and regulations established by a governing authority, such as a government or legislative body. These laws outline the rights individuals have and the corresponding duties they must fulfill within a society. Legal systems vary across different jurisdictions, but they generally aim to ensure fairness, justice, and order.
