0
Ask him for an itemized accounting of everything that was found in the box and where it went. Also ask him to produce bank records of who owned the box on the date of her death, who had access to the box, when the box was recently accessed, and who signed for access each time, especially after the aunt died. (Someone with durable power of attorney might clean out the box just days before death.)
Unless the box was in joint ownership (at time of death), access to the box prior to probate and appointment of the executor would have to be limited to a search for the will, usually witnessed by the bank manager, to make sure nothing else was removed until the will is proven, the executor named, and powers issued by the probate court (i.e., personal representative papers).
What else can I help you with?
What is a reasonable fee for an executor of a will?
Executor's fees are generally set by statute however, the practice may vary from state to state. You need to inquire at your local court, check your state probate code or consult with an attorney who specializes in probate law.
How does the suriving spouse claim deceased assets since there is no will?
Open an estate through the probate court. They can be appointed the executor. Consulting a probate attorney for your location is a good idea.
How can you get the money from your deceased mothers checking account?
The executor of the estate can close and empty the bank account. Distribution will be in accordance with the will. Consult a probate attorney in your state. You have to wait until the will goes through probate.
Does the executer get paid for handling the estate?
Yes. The amount an executor can charge for their services is set forth in the state probate code.
How can you find out if an executor of a will didn't distribute money to beneficiaries on the will?
Check at the county courthouse probate court to look at the file to see how the estate was handled.
Can an executor gain access to bank deposit box before probate?
No. An 'executor' has absolutely no power or authority until they have been appointed by the probate court.
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.
Can someone sue an executor after the probate process is completed?
Yes, if the executor abused their authority, wasted assets, failed to follow the provisions in the will and the probate laws, failed to pay creditors or did any number of things an executor should not do or failed to do things an executor should do. An executor can be held personally liable for their misbehavior.
Can an executor of a will distribute assets before probate is completed?
No, an executor of a will cannot distribute assets before probate is completed.
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.
When an executor of a will dies who replaces them to find lawyer for probate?
The court will appoint a new executor. Consult a probate attorney and they will help you get it resolved.
Can my brother as executor give to another person something that has been left to me in the will?
Absolutely not. Remember that an executor has no poweruntil they have been appointed by the court. Then they are obligated to settle the estate according to the provisions in the will and the state probate laws under the supervision of the probate court. An executor who abuses their power should be reported to the court immediately and can be held personally liable for their abuse.
Can an executor remove an heir in Pennsylvania?
No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.
What can you do if you think that the probate of an estate has taken to long to settle?
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
What to do when person named as executor in a will has not been sent a copy?
The original must be presented to the probate court to be examined and allowed along with a petition by the named executor to be appointed the executor. In order to commence the probate proceeding the original must be turned over to the executor. You should consult with an attorney who specializes in probate.
Is an executor responsible to an inheritor to fincancil records of the deceased?
The executor is responsible to the court. Anyone with an interest in the case can present his concerns to the probate judge. The executor does not owe anyone anything. No one can tell the executor to do anything. If the probate judge instructs the executor to give you a copy of the report, you will get a copy of the report. If you do not present your concerns to the probate court, you are Sadly Out of Luck.
Who can legally probate a will?
Generally, a court appointed executor can probate an estate once the will has been proved and allowed by the court and the court has officially appointed the executor.
