0
Can an executor be legally charged for not following the wishes as laid down in the will?
If the executor is not performing his/her duty according to the will then you should immediately file a motion with the court to have him/her removed. State in your motion the damages that have occurred due to the misbehavior of the executor. You should contact the attorney who is representing the estate for assistance.
What else can I help you with?
If the Executor is not following deceased wishes as to the ashes as stated in his will-is this a criminal offense?
The executor should be reported to the court that made the appointment. The executor should be removed for a breach of their fiduciary duty. The court can appoint a successor trustee.
How do you use the word executor in a sentence?
THe executor helps deliver the wishes of the will.
Can legal action be taken against an executor of an estate if he does not follow wishes of heirs?
The executor is required to execute the terms of the Will, or follow the laws of intestacy (if there was no Will), not comply with the wishes of the heirs.
Can an executor follow verbal wishes as well as last will wishes?
maybe, it depends what you wish for :P
If someone is made discretionary executor of a will are bound by law to carry out the wishes of the person who made the will?
Generally, the powers that ARE discretionary are set forth in the will. The executor cannot make changes to the provisions in the will unless the will explicitly gives that power. The duty of the executor is to carry out the provisions in the will. You should discuss this topic with an attorney.
Can a executor change a will after parents death?
No, the executor is responsible for carrying out the decedent's wishes as spelled out in the will, but the will itself cannot be changed.
How can I write a legally binding will?
To write a legally binding will, you should clearly state your wishes for the distribution of your assets, name an executor to carry out your instructions, and sign the document in the presence of witnesses. It is advisable to seek legal advice to ensure your will complies with the laws in your jurisdiction.
can an executor override rest of his siblings?
An executor is responsible for carrying out the wishes outlined in a will, which typically includes distributing assets as instructed. In general, an executor does not have the authority to override the instructions of the testator or make decisions that go against the will's provisions. The executor's role is to fulfill the wishes of the deceased individual as outlined in their will.
What rights have as beneficiary in will when not the executor?
All the rights required. He or she does not need to be an executor to receive any bequest. It is the responsibility and legal duty of the executor to carry out the wishes of the deceased.
How do you receive money left to you in a will?
contact the person named as the executor (the person responsible for seeing that the will is probated). He / she is charged with the fiduciary duty to insure that all aspects of the will are carried out according to the wishes of the deceased person.
What if the father IS NOT the executor in the mothers will?
Then someone else is and must follow the wishes of the deceased.
Can your executor also be named as a beneficiary in your will?
No, it is generally not recommended to name your executor as a beneficiary in your will to avoid conflicts of interest and ensure impartiality in carrying out your wishes.
