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The remaining executor will be responsible for taking care of the duties. If they wish, they can also ask the court to appoint someone else. The biggest thing is to keep accurate records so that the court knows what is going on. Consult a licensed attorney in your state for more details.
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What happens when one executor of three does not agree?
When one executor of three does not agree, it can lead to delays in the administration of the estate and potential conflicts among the executors. The dissenting executor may refuse to sign necessary documents or take actions required for the estate’s management, which can complicate decision-making. In such cases, the other executors may need to seek mediation or legal advice, and if disagreements persist, they might have to petition the court for guidance or to resolve the dispute.
Can 1 executor refuse to release cash until other executor agrees to what he wants to do with property?
When there are co-executors of an estate one has no superior rights over the other. If they cannot agree then the conflict needs to be presented to the court for a solution. The beneficiaries have the right to expect that the estate be settled with expediency. An executor who is holding up the process can be removed by a petition filed by the heirs or the other executor.
Can one executor do things behind the others backs?
No. An executor cannot do anything related to the estate "behind anyone's back". An executor is a court appointed fiduciary who is required by that office to act in good faith. He/she cannot take advantage of that position or cause anyone to unfairly profit from financial transactions from the estate. He/she must follow the will to the letter and make distribution accordingly. Any actions taken by the exeutor should be reflected in the estate file and should be reported in the inventory of the estate and subsequent final account. When co-executors are appointed both should join in every transaction unless otherwise specified in the appointment. If the executor violates the powers bestowed by the court you can petition to have them removed and charged for any damages to the estate caused by their misbehavior. Once the estate has been filed for probate the file becomes a public record that can be reviewed by you at any time. If you think the executor has been dishonest you should report your suspicions to the attorney who is handling the estate immediately. If your complaint is not handled promptly then complain to the court.
What is the total property one owns?
estate
What is a closed estate?
A closed estate would be one where the probate processs has been completed and the assets have been distributed.
What happens if one executor wants to put her children as executors and the othe executor disagrees?
Executors don't appoint executors. The court appoints them.
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.
What happens when one of a group of beneficiary dies before the property is settled?
Their share goes into their estate.
What happens when one of the beneficiaries of a will dies before an estate is settled?
It will be dependent on how the first will was written, but in most cases, their share of the estate simply becomes a part of their estate.
What happens if one of the named executors dies?
The remaining executor takes over, or the court will appoint a new one. No will shall fail because of the lack of a named executor, the court will simply appoint one.
What happens when an estate administrator dies?
If the person left a Will the Will will identify who the administrator (executor) of the estate is to be - only this person can anministor the estate. If there is no Will then the state will appoint an administrator (there will be country specific laws relating to how this happens).
What happens if you have a child support judgment againist some one and that person dies?
You become one of the creditors of the estate. Whether you receive anything depends on the size of the estate and the size of the claims on it.
What happens if siblings inherit property share and share alike and then later one dies?
Their share becomes a part of their estate.
What happens when an executrix of an estate dies before the estate is settled?
Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work.
What happens to the estate of a parent who dies and leaves a lot of debt?
Debts are one of the primary reasons someone should open an estate. 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.
What happens when a promissory note is signed by two people and one dies?
The deceased's estate acquires the power to enforce, or the responsibility to pay, the promissory note.
What happens to debt of someone who dies?
One of the primary reasons to open an estate is to resolve these debts. The estate is required to pay off any debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
