One issue may be that there are not enough assets to settle the debts of the estate. Or the specific assets left for someone are no longer in the estate.
It is often the attorney who is named executor of a will. This prevents the family from fighting over how things are done. Banks are another common executor.
There is no general law that prevents a person from granting a life estate to an executor.
File a lawsuit against the executor for not following the law.
The executor should be reported to the court that made the appointment. The executor should be removed for a breach of their fiduciary duty. The court can appoint a successor trustee.
The executor administrator or personal representative may release the recordsThe executor, administrator, or personal representative may release the records
The following is general information only. You should consult with an attorney in your jurisdiction who specializes in probate law. The testator usually names the executor in the will. When the testator dies, the named executor files the will for probate and must also petition to be appointed as the executor at the same time. The executor has no power or legal authority until they have been appointed by the court. If your mother didn't name you as co-executor in her will then you will need to consult with the person who was named in the will. Perhaps they would consider allowing you to join in the petition for appointment as a co-executor.
If the executor is not performing his/her duty according to the will then you should immediately file a motion with the court to have him/her removed. State in your motion the damages that have occurred due to the misbehavior of the executor. You should contact the attorney who is representing the estate for assistance.
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Yes. However, the first executor would need to have just cause to be successful in a petition for the removal of the other executor. Factors the court will consider include but are not limited to the following: neglect of duties, waste of assets, lack of cooperation with co-executor, unwillingness to act responsibly and effectively. The court will review the matter and decide if it would be in the best interest of the beneficiaries to remove that co-executor.
The executor of the will is the person responsible for following the instructions of the will. They work with the probate court to make sure everything is done legally. The court provides them with a letter of authority that will allow them to act on behalf of the estate.
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
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