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An executor of the estate does not have the right to "take everything". Rather, the executor has the responsibility to execute the will of the person who died. If the deceased had no will and no immediate relatives, it gets more complicated.

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18y ago

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Can an executor relenquish their rights and can another of the deceased children become executor?

Yes, an executor can turn down the responsibility. The court will appoint another person and would probably approve it without a second thought.


You did not know you were executor and do not want to do it?

You can decline the responsibility. The court will appoint another executor.


Can you appoint an executor from another estate in your will?

Yes. You can appoint the same person as your executor in your will even if that person has been appointed by someone else as their executor in their will.


Is it common for the lawyer to be executor of a will?

It is often the attorney who is named executor of a will. This prevents the family from fighting over how things are done. Banks are another common executor.


How do you transfer the position of executor to another person?

An executor must be appointed by a court. The executor can resign by filing a resignation with the court and the court will appoint a successor.


What if you don't want to be a co executor?

Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.


Can executor appoint a representative?

Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.


Is a fiduciary account and an estate account the same?

A fiduciary is one who owes a duty of good faith, trust, confidence and a high standard of care in managing the property and money of another. An executor or administrator of an estate is a fiduciary. Therefore an estate account is also called a fiduciary account. The short answer to your question is yes.


How can you opt out of executor of will due to serious sickness?

You simply tell the court you cannot serve. They will appoint another executor.


How do you fire executor of your will?

Assuming the person who made the will is still alive, he/she can do another will or do a codicil to that will that changes the executor to someone else. If the person who made the will is dead, he/she cannot change the executor. Obviously.


What is a conservatory account?

A conservatory account is an account that is made up for another person that for what ever reason is unable to be an account holder. This often happens for children and for those with developmental and mental disabilities.


Executrix of estate account dies and is only one who has signature rights What can be done to close account?

If the executor dies before the estate is settled then a successor must be appointed by the court. Another person must notify the court of the death and ask to be appointed.