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.
Nope - anyone who uses a card or account belonging to another person without their consent commits FRAUD.
Yes, you can wire money from your bank account to another account.
Yes, you can open another checking account.
Yes, your bank can wire money to another account.
Yes, you can transfer a balance to another person by initiating a transfer of funds from your account to their account.
Yes, an executor can turn down the responsibility. The court will appoint another person and would probably approve it without a second thought.
You can decline the responsibility. The court will appoint another executor.
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.
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.
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.
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.
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.
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.
You simply tell the court you cannot serve. They will appoint another executor.
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.
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.
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.