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What else can I help you with?
How do you know if you are the executer of an estate if there was no will?
If there is no will then there is no executor. Some qualified person would need to petition the probate court to be appointed the Administrator of the estate. An Administrator is appointed when there is no will.
What information should be included in a letter from the estate executor to the heirs or beneficiaries of an estate?
Only you know what you want them to know.
Can an executor who is also a beneficiary in a will step down as executor and disclaim his inheritance even though the will has not been executed after ten years?
The will should have been filed in probate when the testator died. It is unclear from your submission whether the executor was appointed by the court. An executor has no power to act until they have been duly appointed by the probate court. Once appointed by the court the executor has the authority to settle the estate according the the provisions of the will, state laws and, very important, under the supervision of the court.If the court appointed executor doesn't perform their duties with expediency the beneficiaries can petition the court to have them removed and a successor executor will be appointed. In this case it sounds as though no one was concerned with a proper probate of the will if ten years has passed, someone thinks they are still the "executor" and the estate isn't settled. It would be interesting to know if indeed the will was ever properly filed for probate.
Do not want the appointed executor?
he has changed his will a few times..how do we know if we have the latest?
Your sister was named executrix of fathers estate with you as alternate can sister refuse to be executrix?
Yes. Your sister can file a "Declination" and the petition to have the will allowed can list you as the executor. The attorney handling the estate will know how to file the proper documents so that you can be appointed.
My stepfather's third wife is executor of his estate and refuses to probate the will or allow his heirs to even read the will Can she do this?
She is not the executor until she is appointed by a court. You don't even know if there is a will. The children should get together and petition for one of the children to be appointed the Administrator of the estate as though he died intestate. If she has a will she will produce it to stop the Administration proceeding and she will have to commence a probate proceeding to probate the will. You can check your state laws of intestacy at the related question link below. Your father may have died intestate and that could be why she won't produce a will.
Can an executor's spouse insert themselves in executing a will?
Legally they have no standing to do so. Only the executor has the court order allowing them to act on behalf of the estate. The spouse certainly may influence them, but the executor still has to account to the court.
Do you legally have to notify the executors of a death?
The only reasons not to notify a named executor of the death of the testator are ALL negative. Either you want to use, and possibly convert, the decedent's property; plunder the bank accounts; prevent the distribution of the estate according to the terms of the will; etc. Those actions are against the law. Since you know who the named executor is you are withholding the will and preventing the settling of the estate. That is against the lawThe executor should be notified so the will can be admitted to probate and the estate settled according to the terms of the will and the state laws under the supervision of the probate court. If there is real estate the title to the property cannot pass to the heirs unless the estate is probated.
Can an executor remove property before probate?
The named executor or family can secure the property and must immediately file the will and commence the probate procedure. Until appointed by the court, an executor has no legal authority over the estate. If necessary, there is en expedited process by which a temporary executor can be appointed by the court until the executor can be appointed.
Does the executor of an estate have the right to know how much was in an account with no power of attorney and the owner of the account was blind and tricked into signing papers?
The executor will have a letter of authority from the court. That should allow them to see the transactions involved.
Does anyone know how it is possible for an attorney to cash a estate cheque if he is the 2nd executor on the estate and the brother of the deceased is the first executor?
You take it to the bank and cash it with the letters of authority. If the money is going into the estate accounts, anyone can deposit it.
Does the executor of an estate need to hire an attorney to help with the process of executing the will?
No, you do not. Frequently in small estates executors who are not lawyers fulfill the duties of an executor without retaining a lawyer. You do not need to hire a lawyer in order to get a will probated and become the executor officially if you can do the initial paperwork on your own. After becoming executor, you may wish to consider retaining one in order to be sure you comply with all laws governing the administration of the estate.
