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When a testator dies and the named executor does not want the duty how does he find a new executor?
Wiki User
∙ 15y ago
The appointment of a named executor or replacement of an executor for any reason is under the jurisdiction of the probate court. The named executor can file a Declination if they don't want to accept the appointment and the court will appoint an alternate. The person who wishes to relinquish the office after appointment as the executor must file a motion with the court to be relieved of that duty and the court will appoint a successor. If the executor dies or becomes incapacitated the court will appoint a successor. If there has been misconduct or breach of duty by the executor the beneficiaries may petition for removal and appointment of a successor.
Wiki User
∙ 15y ago
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Can your brother lock you out your mother's house when she dies?
If your brother is executor of the estate, yes.
Can a executor hide the will from his only children from his first marriege?
The executor has no duty to his own family members. His duty is to the estate and the probate court.
When does the job of executor of an estate start?
The executor's official duty begins as soon as the will has been allowed and "Letters Testamentary" have been issued to the executor.
Inheritance laws in Kansas?
Inestate succession [if someone dies without writing a will]: if the deceased has a living spouse but no living children, the estate goes to the spouse. If the deceased has living children but no living spouse, the estate is divided equally between the children. If the spouse and children are alive, the spouse gets half of the estate and the other half is divided equally among the children. If neither the spouse or children are alive, but the deceased's parents are alive, the estate goes to the parents. Testate succession [will determines how estate will be divided]: testator [person making the will] decides how to divide the estate and to whom different parts of the estate will be given. The testator can choose to give all or part of the estate to their spouse, children, or other family members. The testator can make any kind of property distribution they desire. Usually an executor is appointed, and their job is to ensure that the testator's wishes are carried out. If no executor is appointed, the state will appoint an executor. The testator can make any kind of property distribution they desire. Inheritance tax: Kansas doesn't have a general inheritance tax, but it does have a state estate tax. The differences are significant. Old laws in Kansas taxed the person receiving an inheritance. But as of 2010, the tax duty has been imposed on the estate rather than the beneficiary.
What rights have as beneficiary in will when not the executor?
All the rights required. He or she does not need to be an executor to receive any bequest. It is the responsibility and legal duty of the executor to carry out the wishes of the deceased.
If someone removes personal property from an estate before being sworn in as the executor can this be considered theft?
Technically it is theft. They are suppose to provide a complete inventory of the estate to the court with the valuation of all assets. If they are trying to avoid paying taxes on this, they can get into trouble.Another Perspective:Nothing in the question implies that the executor is stealing property or converting it to their own use. There are circumstances that would prompt the named executor to remove property for safe keeping while the executor is awaiting appointment by the probate court. An estate may be at risk during the period immediately following the death of the testator and before the court has allowed the Will and appointed the executor. Property removed for security purposes will simply be added to the inventory.For example, if the testator lived alone the executor may need to remove valuable property (such as cash or jewelry) from the premises to prevent theft, especially if others have access to the property. Greed often emboldens heirs to help themselves to estate property and the executor has the added duty of securing that property until the probate process is under way. The very act of submitting the Will for probate and petitioning for appointment would support the soon-to-be-appointed executor's actions. Any property so removed should be added to a list for the inventory that will eventually be submitted to the court.
If your sister was named as the executrix in your parent's will but she passes away before the estate is settled does her husband or heir become the executor?
The court will appoint a new executor. It is not a duty that is inherited. Her husband could certainly ask to be appointed and if the other beneficiaries are okay with that, the court would probably appoint him.
If one joint power of attorney refuses to participate in the handling of the estate what can the other do to take care of the estate matters that are at a standstill?
Estates do not use power of attourney, they are managed by the executor(s) named in the will. It is the executors LEGAL DUTY to do what the will instructs - if an executor does not want to do this then a court will need to decide what to do.
Does the lawyer have the right t disclose information to other parties of the will other than the executor of the will?
Of course. Once the testator has died and the estate is probated any interested party has a right to see the Will. In fact, once a Will has been filed in probate it becomes a public record and anyone can see it.The executor has no special personal interest in the Will document. Their duty is simply to pay the decedent's debts and handle the distribution of the property as set forth in the Will.
Do all keys have to br handed to the executor?
The executor has the duty to preserve the estate. That can mean preventing others from having access and taking things.
How do you receive money left to you in a will?
You can receive money left to you in a will by following the instructions laid out in the will, such as contacting the executor of the estate or the probate court. Once the will has been probated and any debts and taxes have been paid, you should receive your share of the inheritance as outlined in the will.
Can an executor knowingly leave a recipient out of the will?
Not without breaching his fiduciary duty to the estate.
