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When a guardian is appointed by the Court does the executor lose his power?
Wiki User
∙ 14y ago
No. The executor has the power and authority to settle the estate according to the provisions in the will and the state probate laws. A guardian is appointed to act on behalf of a child or legally incapacitated person who may be a beneficiary. The guardian is treated by the executor as though she was the person she represents if that person had legal capacity.
Wiki User
∙ 14y ago
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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.
How do you get Executor Power?
Generally, in order to be appointed the Executor of an estate you must present the Will to the Probate Court for allowance and at the same time petition to be appointed the Executor.
Can the executor of the estate appoint himself as power of attorney?
No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.
Can the beneficiaries appoint a third executor when co-executors can't agree?
No. An executor must be appointed by a court. Even if named in a will an executor has no legal power or authority until they have been appointed by the court. The will must be submitted for probate and the court must appoint the executor.
What can the executor do between the death of your farther and before appointed exector Can they empty out there house?
Absolutely not. An "executor" has no power or authority until they have been appointed as the executor by the court. The most anyone should do until then is to secure the property and collect important records that will need to be turned over to the court appointed executor.
Can a person have power of attorney an become administrator after death?
There is nothing to prevent it. They can be appointed as executor by the court.
What happens if an executor of an estate is removed from the position for mismanagement and stealing but the rest of the heirs will approve of another family member to be the new executor in new york?
The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.
What rights does a family executor have while the parent is still living?
They have absolutely no rights. An executor does not obtain any power until appointed by the court.
Can brother executor prevent sibling from living in mothers home while she is still living?
The executor has no power while the person is living. Until they are appointed by the court, they have no power.
What is the difference between Executor and Power of Attorney?
A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal. An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.
Can a will be dealt with solely by the Executor?
Yes, once the executor has appointed by the probate court and the will has been allowed. The executor will then have the power and authority to settle the estate according to the provisions in the will AND the state probate laws under the supervision of the court.
Can using the position of Executor to settle old scores be grounds for removal?
Remember that an executor has no power and authority until they have been appointed by the court. The answer is yes. The interested parties can file a motion for the removal of the executor and the appointment of a successor at the court that appointed the executor. You must express your complaints in the motion with clear examples. The court will review the situation and render a decision.
