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Who pays the bills for legal representation in a deceased estate when the Executors cannot work together.Who approves the cost of separate legal representation to defend the claim against the estate.?
Wiki User
∙ 15y ago
This is a question to be answered by looking to the law of the state of probate. Generally (at least in New Jersey) when an executor retains a lawyer to help in the administration of an estate, that lawyer is actually retained by the executor not the estate. The executor is personally liable for the bill; however, the law recognizes that legal help is needed so it allows the executor a reimbursement for a reasonable amount of legal fees. Some states have statutorily fixed amounts. When two executors retain their own lawyers they also are each personally liable for their own lawyers' bills unless the probate court allows the reimbursement. Usually when two executors hire separate lawyers it is because they simply want their own lawyers. A probate court is not going to allow legal fees for duplication of effort by the lawyers. Depending on the amount and type of work done by each lawyer, the probate court will probably allow some but not of the legal fees to be paid from the estate and decide who gets what. If the court does not allow full reimbursement out of the estate, the executors have to pay the rest of their own lawyer's bill themselves.
Wiki User
∙ 15y ago
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What is a waiver of security in regards to deceased estate executors?
Just a guess, Alec, would that be, "what is a Power of Attorney"?
What has the author George W Raff written?
George W. Raff has written: 'A guide to executors and administrators in the settlement of the estates of deceased persons within the State of Ohio, to which is prefixed a brief comment upon the statute of wills' -- subject- s -: Executors and administrators, Forms, Probate law and practice, Wills 'A guide to executors and administrators in the settlement of the estates of deceased persons within the state of Ohio' -- subject- s -: Executors and administrators, Forms - Law -, Probate law and practice, Wills
Is there a limit to the permitted number of executors of estates and wills in North Carolina?
An EXECUTOR is named in the case of the existence of a will. (testate) An ADMINISTRATOR is named by the court in the case of no will (intestate) The will of the deceased (if it exists) will be the guide which the court follows. There is no limit to the number of executors a testator may appoint in his/her will. See the related links below for the procedures when there are more than one executors and what happens when one of several executors dies, is removed or resigns.
Can executors use the money from the deceased bank account for personal use after probate?
They certainly may not do so. It is a breach of their duty and could be criminal.
What does it mean if your father who is deceased approves of new boyfriend?
Assuming the question refers to a dream of the deceased father, it suggests that the dreamer feels confident that her father would approve of this boyfriend if her father were alive.
Can there be only one co-executor?
No, in fact, you can have as many co-executors as needed. However, as you can imagine, the more co-executors you have, the more complicated administering the estate becomes. I always suggest that only one executor is named, followed by an alternate executor if the original executor cannot act, or has pre-deceased the testator.
What should you do if a creditor is trying to collect a debt on a deceased individual in the state of Georgia?
Refer them to the estate of the deceased. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
For how long should executors of a will keep the bank statements of the deceased?
The executor's duties end when the final account is allowed and the estate is thereby closed. The heirs could request the personal papers of the decedent at that time.
How do you get a grant of representation your father is deceased your mother is alive but you are dealing with the medical bills and doctors?
A grant of representation is a document issued by the Court which enables the person named in it to deal with the assets, debts and belongings of the deceased. It allows the money in banks, building societies etc. to be collected, property to be sold or transferred and debts to be paid. The process for obtaining the grant of representation is explained at the link provided below.
Who is responsible for credit card debt of deceased?
The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
Should there be more than one executor for a deceased family member.?
Multiple executors usually causes problems. A single executor is better in my opinion and I would word it that way in the will, even if several alternatives are listed.
In the state of Arkansas are children responsible for medical expenses for a deceased parent?
Medical bills are the responsibility of the estate. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
