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Have a new executor appointed by the court, which could be you. That person will then take over the duties and execute the will. The court can appoint an attorney or bank to serve.
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∙ 9y ago
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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.
What are the rights of each brother when one is executor of the trust?
I am the executor of my mother's estate. When she passes away, I am the one who has to see that all of her debts are paid, buriel is taken care of, who she owes, notifying all creditors, etc. about her death. Making sure Social Security is notified. Each beneficiary is entitled to a full accounting of what the distribution of the estate is. The Executor is responsible for meeting all the requirements of the probate court and providing full documentation and valuation to the court.
