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Can the executor benefit from the will?
Yes, the executor can also be a beneficiary of the Will. Also, in most jurisdictions the executor can be paid from the estate for their services up to a certain amount that is generally set forth in the probate laws.
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.
Who can be the executor of the estate?
Anyone that is of legal age can be an executor.
Can executor also be a beneficiary from will?
Yes. An executor may also be a beneficiary.
Does the executor fee continue as long as the estate has property?
Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.
Can the executor benefit from the will?
Yes, the executor can also be a beneficiary of the Will. Also, in most jurisdictions the executor can be paid from the estate for their services up to a certain amount that is generally set forth in the probate laws.
Can your surviving wife be an heir and an executor on your will?
This is very common in estates. It makes sense as they are the ones that will benefit.
Do you need to go to probate if the will says i am the executor?
An executor is not an executor until the will has been examined and allowed and they have been appointed by the court.
Can an executor spend inheritance money with out consulting the beneficiaries when those beneficiaries do not know the valuje of there inheritance?
The executor can use the money for the benefit of the estate, not for their personal use. They are entitled to payment for their services.
Can an executor keep a death benefit by law without being named as a beneficiary?
The court appointed Executor of a will is entitled to payment or monetary compensation for taking on the task of performing the executor's duties. Generally, there is a statutory rate depending on where you are located. A death benefit that has no named beneficiary would be paid over to the estate. The Executor can pay herself the statutory rate out of the assets of the estate the same as payment of any debt, before any assets can be distributed to the heirs.Apart from statutory compensation that is reported to the court, the Executor is not permitted to simply take any assets and convert them to her own use.
What do lawyers get out of the will?
Lawyers typically get paid an hourly fee for helping an executor with a will. If they are the executor of the will, they will record their hours and bill the estate for them. In this case it is to their benefit to keep the estate open as long as possible. But all fees have to be approved by the court, so they have to be reasonable.
Can an Executor notorize the Will?
Absolutely not. The will should be notarized by a disinterested third party. A will notarized by the executor would expose it to being challenged after the death of the testator, the court would likely disallow the will and the estate would pass as intestate property. The "executor/notary" may find herself in additional trouble if she benefits from that situation. A general rule is that a notary may not notarize any document from which they would derive a benefit. An executor would derive a benefit because they would have intimate control over a person's estate. A notary should have a working knowledge of the rules that govern that office.
Can a executor withhold funds from beneficiary who has dementia. I have power of attorney and the executor is giving me a hard time about releasing the money to my mother?
Yes, an executor can withhold such funds, but they should be placed in trust for the benefit of the demented, perhaps under various spendthrift conditions or whatever is deemed necessary for protection of the gift. Whether the executor names you as trustee is his or her choice, but you will still have the powers of the POA once the trustees release the funds to you.
Can an executor witness a will?
No. An executor, onced appointed by the court, has complete and uninhibited access to the decedent's assets. Therefore the executor derives some benefit from the will and should not be a witness. If the other witness should be unavailable to testify regarding an objection to the will the executor as the sole available witness would cause the will to be exposed to challenges.
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.
Can executor spend from estate to make home improvements?
It is certainly a possibility. If the executor responsibly believes that the value of the home will be greatly enhanced to the benefit of the estate, they could do so. It would increase the value of the estate and allow more debts to be paid and get more money for the heirs.
What is the difference between co-executor and independent co executor?
What is the difference between an independent co-executor and a co-executor
