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It is often done that way, but the testator can choose whomever they wish.

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13y ago

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Related Questions

Is the oldest child in charge of the parents funeral arrangements?

No it's the person that is paying for the funeral or an executor of the deceased's estate.


Can an adult child be an executor and a beneficiary?

An adult child can be the executor. They can also be a beneficiary. They are required to be impartial when distributing the estate.


A person appoints a child as executor of the estate. is executor of estate required to list assets after that person dies?

That is one of the duties of the executor. They have to inventory the assets and debts of the estate. Then they will be able to liquidate the debts and distribute the assets.


Can a child who is not executor of estate be allowed to help the other two children who were named executor of estate in the cleanup of deaceased parents household with no spouse?

Certainly.


What does it mean to be the executor and a heir?

It means they are responsible to administer the estate. They will also receive some of the estate as an heir.


Can your mother who has no will and five children choose to have her second oldest child as her executor to distribute her estate?

Without a will, she gets no say in the matter. She should write a will to specify who she wishes to be responsible for the distribution. If she doesn't have a will, the court will appoint an executor. If the heirs don't agree on who that should be, they will appoint a bank or lawyer to serve in the position, getting paid from the estate for their services.


Can executor and beneficiary be the same?

Yes, that is often the case when a spouse dies. It saves the estate money.


How do you know if you are the executer of an estate if there was no will?

If there is no will then there is no executor. Some qualified person would need to petition the probate court to be appointed the Administrator of the estate. An Administrator is appointed when there is no will.


Is the executor responsible for loan debt on property of child if over 21?

The executor is not personally responsible for the debt. That is the estates responsibility. 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.


Can one child of a dead parent take all contents of the house and not even ask the other children if they would like some thing?

It depends. Was everything left to this one child? If so then they can do what they want. Who is the executor of the estate? Start by checking at the probate court. If no one has filed then you can file to be the executor and take control of the estate.


Can the executor sell property if he is the oldest child but only one child does not consent?

The Executor was specifically named by the the deceased to be their representative. and handle the matters of the disposition of their estate. As long as the Executor is abiding by, and adhering to, the wishes and instructions expressed in the will of the the deceased, they are acting with the 'good faith' expected by the deceased, and the law. However, this does not preclude dissatisfied heirs from challenging in court the actions of the Executor. Be aware, however, that the if the challenge is going to defend against it will be done so from the remaining proceeds of the estate and can therefore, have the effect of depleting the estates assets. Better that the heirs should consult with one another before this point is reached and try to come to some kind of mutual resolution of their perceived differences.


If there is a divorce in progess for the deceased and a child is appointed executor of the estate who has more rights the widow or executor?

The executor is the person who has the power and obligation to carry out the provisions in the will and perform all the duties necessary to settle the estate. The widow has no rights in that aspect of the estate. If the divorce decree was not yet entered at the time of death the widow will inherit according to the provisions in the will. In most states she can claim a statutory share if she is not satisfied with provisions made for her in the will.