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If your father died as the sole owner of property, i.e., property not held as joint tenants with the right of survivorship with his wife, then his estate must be probated in order for title to property to pass legally to his wife. If his will provided that all his property was to pass to his wife then the will must be probated and once allowed must be followed to the letter. If the son does not want to be appointed executor, the widow can choose an alternate executor, file an assent with the petition for probate and the son can file a declination. The widow should hire an attorney to handle the probate of the estate.
What else can I help you with?
Can a person who has been named executor of an estate issue a power of attorney to another person to act in their behalf in the matters of the deceased's estate?
AnswerNo, they cannot execute a POA. In most jurisdictions they could file an Appointment of Agent with the probate court authorizing another person to act in their stead.
How can someone become appointed as the executor of an estate?
To become appointed as the executor of an estate, a person typically needs to be named as such in the deceased person's will. The court will then review the will and officially appoint the executor. The executor is responsible for managing the deceased person's assets, debts, and distributing the estate according to the will.
How can one become named as the executor of an estate?
To become named as the executor of an estate, an individual typically needs to be designated as such in the deceased person's will. The executor is responsible for managing the deceased person's assets, debts, and distributing the estate according to the will's instructions. It is important to consult with a legal professional to ensure all necessary steps are taken to become the executor of an estate.
My mother died leaving no will therefore can someone be named the executor?
The will should have named an alternate. If it didn't, find some one who willing to do it. The estate lawyer must notify the court of the executor's death and petition for the appointment of a successor.
How can someone become an executor of an estate?
To become an executor of an estate, a person must be named as such in the deceased person's will. The executor is responsible for managing the deceased person's assets, debts, and distributing the estate according to the will's instructions. It is important for the executor to understand their duties and responsibilities, as well as any legal requirements in the jurisdiction where the estate is being administered.
How can someone become the executor of an estate?
To become the executor of an estate, a person must be named as such in the deceased individual's will. The court will then officially appoint the executor after the will is probated. The executor is responsible for managing the deceased person's assets, paying debts, and distributing the remaining assets to beneficiaries according to the will.
Can the testator and executor be the same person?
No. The testator is the person who makes a Will.The executor is the person named in a Will as the person who will settle the estate according to the provisions in the Will after the death of the testator. The executor must submit the Will for probate and petition for appointment by the court.
Is it executor under the Will or Executor of the Estate?
Not all wills name an executor. If an executor is named in the will they must submit the will to probate for allowance and petition for appointment as the executor. In that case they will be both the executor under the will and the executor of the estate once appointed.In some cases, the named executor has died. In that case the court must appoint another person to act as executor. In some cases the executor named in the will declines the appointment. In that case the court will appoint an alternate. Either of these executors can be referred to as executors under the will and they are both executors of the estate. It may simply be a matter of style.Some may acknowledge a distinction that a person who is executor under the will has not been officially appointed by the court and the executor of the estate has been appointed by the court and Letters Testamentary have been issued making the appointment official.
How can someone become the executor of an estate after the death of the individual?
To become the executor of an estate after someone's death, you typically need to be named as such in the deceased person's will. If you are not named in the will, you may need to petition the court to be appointed as the executor. This process involves submitting the necessary paperwork and demonstrating your qualifications to fulfill the role.
How can one become an executor of an estate?
To become an executor of an estate, one must be named as such in the deceased person's will. The executor is responsible for managing the deceased person's assets, paying debts, and distributing the remaining assets to beneficiaries according to the will. It is important to understand the legal and financial responsibilities of being an executor before accepting the role.
What if the Executor is a non family member and has also been named beneficiary of items in the estate?
Anyone can be appointed as executor. And anyone can be named a beneficiary. It is often done to take care of friends.
How can one become the executor of an estate after someone passes away?
To become the executor of an estate after someone passes away, you typically need to be named as such in the deceased person's will. If you are not named in the will, you may need to petition the court to be appointed as the executor. This process usually involves submitting the necessary legal documents and proving that you are capable of handling the responsibilities of managing the estate.
