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The court must appoint the executor and will appoint the person named in the will by the testator unless that person declines, is deceased or is determined to be unfit by the court. In that case the surviving spouse would be the next one considered if they petitioned for the appointment.

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16y ago

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My father died in 2003 and named a son as executor. Can his surviving spouse transfer ownership of their home to only one son and remove other son as a beneficary after her death?

If the property was owned by the parents with a right of survivorship then title passed automatically to the surviving spouse bypassing probate. In that case the property is the sole property of the surviving spouse. She can convey it to anyone she chooses or she can leave it in her will to whoever she chooses. That property is not under the control of the executor.


Can a surviving parent be executor if there are living children?

Yes, that is very common. The spouse is typically the executor of the estate.


Is surviving spouse responsible for medical bills in NJ?

Only if she is the executor of the estate. The executor is responsible for all estate debts.


Will says everything in the house belongs to the surviving spouse Does executor step-son have a right to include items as part of the estate to be sold since items were acquired before the marriage?

No. Regardless of when the items were acquired, the Will leaves them to the surviving spouse. They now belong to the surviving spouse.


How can you as the child become the executor of the estate over the suviving spouse and no will?

Matters of probate are controlled by the laws of the state in which the decedent lived. Therefore, you should contact the office of the clerk of the probate court to obtain information on the procedures for filing for executor or executrix of the deceased's estate. ==Clarification== If the decedent died intestate the surviving spouse must Petition the probate to be appointed the Administrator of the estate. If there is no will then there is no executor.


Can a surviving spouse file bankruptcy for a decease spouse?

The executor of the estate can do so. It is more than possible for the estate to not be able to pay all debts.


When assets automatically pass to surviving spouse what are duties of executor?

To make sure all debts are settled. They have to inventory and value the estate for tax purposes. And they need to make sure all of the title documents are properly changed.


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.


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.


What if the executor is not the legal spouse?

Generally, an executor doesn't need to be the "legal spouse".


How does a surviving spouse cash a deceased spouse's check if it says to the estate of?

To cash a check made out to "the estate of" a deceased spouse, the surviving spouse typically needs to open a bank account in the name of the estate. This may require obtaining a death certificate and a court-issued document, such as Letters Testamentary or Letters of Administration, which appoints the surviving spouse as the executor or administrator of the estate. Once the account is established, the surviving spouse can deposit the check into that account. Consulting with a probate attorney can provide guidance on the specific steps and legal requirements involved.


If the surviving spouse dies before he invokes his right of election can his executor act on his behalf?

Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.