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In probably varies from state to state. In Texas, ineligible people are those who are convicted felons, those without capacity (minor children or physically or mentally incapacitated), nonresidents of the state who have not appointed a resident agent for service of process, or persons the probate court finds to be "unsuitable." If you think that sounds vague, you are right.
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∙ 15y ago
Individuals who are under the age of 18, lack mental capacity, or have been convicted of a felony may not be eligible to serve as an executor of a will. Other reasons for disqualification can vary by jurisdiction, so it's important to check the specific rules in your location.
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Can a person who was living with your dad prevent his children from being appointed executor of his estate?
No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.
What happens in Texas when the executor of the will was incarcerated for a felony?
In Texas, if the executor of a will is incarcerated for a felony, they may be disqualified from serving as executor. It will be up to the court to determine if a new executor should be appointed to handle the estate administration.
Can an excutor of a will tell someone What is in the will before its told to everyone?
The executor has no right to see the will prior to the death of the testator. The testator may provide the named executor with an unsealed copy or allow the named executor to read the will but that would be entirely voluntary on the part of the testator.
Does the executor have the right to a key to the temporarily occupied home of decedent?
Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.
What does with will or will annexed mean when talking about an estate case summary?
"Will annexed" and "with will" refer to situations where a deceased person has left a valid will but without specifically appointing an executor. In such cases, the court appoints an executor to manage the estate.
Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
What is the difference between co-executor and independent co executor?
What is the difference between an independent co-executor and a co-executor
Can an executor be beneficiary of a will in CT How can an executor be removed by an heir?
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
Can wife be executor of will?
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
When a will is set up or changed does the executor have to sign the will?
The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.
If the executor of a will dies would that person's next of kin automatically become the executor?
No. If the executor dies the court must appoint a new executor.
Does the executor work for the beneficiary?
No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.
How do you calculate executors compensation when you are also a beneficiary?
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
What if you don't want to be a co executor?
Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.
Does the Executor answer to the beneficiaries?
The executor should operate in the estate's best interests.
Can one be an executor of probate but not the estate?
There is no executor of probate. The executor of the estate executes the will and probates the estate.
Do you have to go through probate in Oregon if there is a will that appoints an executor?
Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.
