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You petition the court to appoint one. If the heirs agree on one, the court will normally go along with it, otherwise they will appoint a neutral party.
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∙ 9y ago
If nobody was named as an executor in someone's estate, you should check the local laws and regulations regarding intestate succession. In most jurisdictions, the court will appoint an administrator to handle the estate. This is usually a close family member or a professional. Consult with an attorney who specializes in estate law to understand the specific steps and requirements in your jurisdiction.
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Can an executor of a will also be named an heir in the will?
Yes, it is possible for an executor of a will to also be named as an heir in the will. However, it is important for the executor to fulfill their duties impartially and in the best interest of the estate and other beneficiaries to avoid any conflicts of interest.
Can an estranged executor accuse an heir of damaging the deceased property?
The executor of an estate is responsible for the assets of the estate. That means they can bring a lawsuit on behalf of the estate. So, yes, they can accuse or even sue an heir for damaging property.
If you are the executor and heir to an estate with no will can you take a loan against the said estate property?
If you are the executor and heir to an estate with no will, you can you take a loan against the said estate property, but not right away. Lenders typically will not give you a loan on a piece of property until it is in your name.
Can the executor disinherit someone from the will?
The executor is often a beneficiary of the will. They have to show the court a complete accounting of the estate. This means the judge has to validate that they aren't taking more then they are entitled to.
What does it mean to be the executor and a heir?
It means they are responsible to administer the estate. They will also receive some of the estate as an heir.
Can one heir challenge an executor?
Yes. Anyone with an interest in a decedent's estate can do so. An heir would be such an animal.
Does an heir sibling to an estate have a right to enter estate after death of a parent if they are not the executor?
They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.
What are your rights as an heir in the state of IL when your cousin is the agent under a durable POA?
As an heir you have the right to petition to be appointed the executor of the estate if there is a will and no other executor is named, or the administrator of the estate if there is no will. The estate must be probated in order for title to the property to pass to the heirs. You should consult with an attorney who specializes in probate law in your state. A Power of Attorney is extinguished by the death of the principal. Your cousin has no authority over the estate.
What happen if the beneficiary named on a life policy who was separated at the time of death wants the heir named on the will to receive that benefit?
In most cases, you can decline the payment, which will go into the estate and then to the beneficiaries of the estate. Consult with the insurance company and the executor of the estate to be sure that is what you want to happen.
Can an executor charge rent to an heir that has lived in the property for 19 years and was the caregiver of the deceased?
The executor of the estate is responsible for the estate. Use of the estate property is an asset and they should pay rent.
Who is heir to estate?
An heir to an estate is usually the spouse, children, or next of kin. The heir may also be named in a will. If their is none of these options, then the estate will go to the state.
Your brother is the Executor of our father's estate The law firm where his wife is a paralegal is handling the estate is this a conflict of interest?
No, as Executor it is your brothers responsibility to settle your fathers taxes, funeral expenses and taxes. He then needs to divide up the remains of the estate as set out in your father's will. If he needs help from a law firm to do this then the law firm will need to be paid (out of the estate) before the heirs inherit. As executor your brother can use any law firm he chooses to help him but as an heir it would be you right to ask to see your father will and the estate's accounts when you get paid out (assuming you are named as a heir in the will).
