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They can name you as the executor when their will is drafted. However, you are under no obligation to serve. When the will is eventually filed in probate you only need to sign a declination and the court will appoint an executor.

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15y ago

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Can your siblings just choose to live in the house of a deceased parent if the house is empty and the estate is trying to sell it?

Legally, they cannot live in the house without the consent of the executor of the estate.


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.


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What happens if the family of a deceased person object to the executor of the will?

I am not an attorney. You could mean that family don't like the person chosen to be the executor, or that family object to something the executor is doing. Not liking the person is petty, and not worth getting upset about. The executor was chosen by the deceased, and if the will is in order and if the executor is doing everything properly, then you just suck it up until the assets are distributed. If the executor is not following the exact specifications in the will, then there is a problem. Family should be able to obtain a copy of the will, and if the executor is misbehaving then probate court has to come into the picture. Even when there is a will, the process is handled by probate court, although the process is much more streamlined when there isa will. But the provisions of the will have to be determined to be legal by probate court, and no executor can simply do what he pleases without regard to the provisions of the will. It sounds like probate court may be able to help you.


If your the executor of a will and you find the bank account has Pay upon death on it and it is not the executor who pays taxes on that?

I have been the executor of my mothers money, I pay her nursing home bills with it, she just died and i have 200,000 dollars left, do I have to pay tax on that money.


Does an executor get anything from the estate?

The executor does not have to be a beneficiary. The court can appoint any responsible person to serve in that capacity.


My mother just passed and my brother is named executor. He is going through a bankruptcy and personal tax issues should he be appointed as executor?

Your brother already has enough going on. The duties of being executor would be too much. Someone else in the family should petition to be appointed executor and your brother should decline.


Do creditors sue often in case an executor of a dead debtor rejects their claim?

All the time, and rightly so. It is the duty of an executor to "discharge all just debts."

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