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What rights do you have as a non-executor adult child of the decedent if the decedent's brother is executor?
Wiki User
∙ 11y ago
The right to inherit has nothing to do with who was named executor. The right to inherit remains valid with all of the children. Consult a probate attorney that knows the laws for your state. ==Another Perspective== The court appointed executor has the obligation and authority to settle the estate. Only the executor has the power to manage the assets, transfer property, close accounts, sell real estate, etc. The executor must follow the provisions set forth in the will. However, all the powers of the office may be carried out according to the discretion of the executor without any interference by the beneficiaries. If the beneficiaries have questions concerning the executor's role they should first contact the attorney who is being paid to handle the estate.
Wiki User
∙ 14y ago
Wiki User
∙ 11y agoDepends on the will. With no will, the issue has precedence over everyone but a spouse.
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How can one get an accounting of monies in my father's estate when my brother is power of attorney and executor and one believes he stole from estate?
The power of attorney is extinguished upon the death of the principal. An executor must be appointed by a court. The executor must file an inventory of all the assets owned by the decedent at the time of his death. If you suspect your brother of stealing you should contact an attorney who can review your situation and explain your options.
Can your brother executor of your moms will legally disinherit you from her will?
The executor does not have that power. Their job is to execute the will as written.
My mother just passed and my brother is named executor. He is going through a bankruptcy and personal tax issues should he be appointed as executor?
Your brother already has enough going on. The duties of being executor would be too much. Someone else in the family should petition to be appointed executor and your brother should decline.
If brother is executor does he need his brother's signature to sell his dead mother's property?
No
How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?
The executor can file a resignation with the court and you would petition for appointment as the successor.
Can your brother lock you out your mother's house when she dies?
If your brother is executor of the estate, yes.
What happens if your brother and sister are executor and you are not included?
ohh as i , i leave them
Brother is the sole executor. He had the will changed after Mother had made a new one. Is this legal?
The executor has no authority to change a will. It is not their document and it is illegal to do so.
Can you sell the house owned by your brother?
No, unless you have a power of attorney from your brother. And if your brother is deceased, you would have to be the executor of the estate and have the court's permission.
Should a brother charge his sister executor fees if he is named as executor but they are to share the inheritance equally?
It is up to the brother. Most state probate codes allow the executor to charge a fee for their services. Executor duties and responsibilities can take up a lot of time. If there are only two beneficiaries, that will cut down on the executor's tasks somewhat. The brother should keep detailed time sheets for any time spent on estate matters and a deteiled account of any money spent on parking, postage, copying or other costs. The brother can then decide toward the end of his duties whether he wants to charge the estate or not. The executor's fee is a cost of the estate and should be paid before any assets are distributed so that brother and sister each pay equally.
Can an apt complex require you to get an executor of your brother belongings?
Yes, if he has died and you are not on the lease.
Can your brother as poa take everything in the will and not include you or your sister?
No. If there is a will then the executor of the will MUST do what the will says.
