Unfortunately, the family could sue. Probate seems to bring out the worst of people.
The estate is responsible for the debts of the decedent. The executor is not personally liable. If it is necessary to bring suit the executor's name will be recited as the respondent as the executor of the estate and not as an individual.
Yes, in many cases the executor is a family member and heir.
Executor fees are set by law. The family does not have to sign off on them.
In the United States you can if the executor is not performing the functions of an executor properly. An executor can be sued to either remove him as executor, to surcharge him for losses he may have caused to the estate or to force him to do what he is supposed to, like transferring assets. If an executor causes monetary losses to the estate, he can be sued to make him reimburse the estate for the losses either from his own pocket or from his statutory commissions. All states in the US have statutes that govern the duties of executors and spell out the remedies beneficiaries and third parties have.
The executor can file a resignation with the court and you would petition for appointment as the successor.
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.
Yes, it is very common that a member of the family be named as executor.
No.
If there is no money to pay funeral costs in the estate the executor is not personally responsible. The estate can be sued to have any assets sold and the funeral home is paid first.
If at the time of death of the testator the named executor is deceased the court will appoint a successor. Another family member can petition to be appointed the executor or the family can nominate a successor who must be appointed by the court.
The probate court will appoint an executor. It is often a family member or a neutral party.
Executor