0
What else can I help you with?
If an uncle dies and had no spouse or children but had a large bank account can another uncle be made executor and take everything?
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.
Can the conservator be the executor if executoe is deceased?
That will depend on the probate court. The individual could be appointed as the new executor. Or the court could appoint another neutral party.
Is it the duty of an executor to carry out all of the requests of the deceased no matter how the executor feels about such requests?
No, they can appoint another trustee, as long as all the promised wishes get carried out specifically as designated.
Can executor pass responsibilities to attorney?
Yes. The executor can assign their rights to represent the estate by the appointment of an agent. That is frequently done when the deceased owned property in another state or when the appointed executor lives a distance from the court where the estate is filed.
What if executor has died before applying for grant of probate?
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.
What happens if the executor dies before the estate is distributed?
AnswerUsually the next of kin will be sought after by a company "In Trust". Children of the deceased will be sought out, or if there are no existing children it can go to a sister, brother, parent of the deceased.AnswerThe court will appoint a new executor. The residual amount then goes into the estate of the person who was to get the remainder and then their estate will distribute as appropriate.AnswerThe court will appoint a new executor. As to the residuary legatee, it depends on when they died. If they were deceased at the time of the death of the testator the gift will lapse unless there is language to the contrary in the Will. If the gift lapses and there is no successor residuary legatee, the residuary will be distributed according to the laws of intestacy as though there is no Will.
Can a executor sell the home in the will if it is split with another family member?
The executor of the will has the ability to sell property of the estate. They may have to in order to pay off the debts of the deceased. The value of the property after the debts are cleared would be split between the family members.
Can a person who has been named executor of an estate issue a power of attorney to another person to act in their behalf in the matters of the deceased's estate?
AnswerNo, they cannot execute a POA. In most jurisdictions they could file an Appointment of Agent with the probate court authorizing another person to act in their stead.
Can you change the executor of the deceased person and how?
The executor can be changed only under certain circumstances.If you have an objection to the appointment of the named executor you must file your objection when the will is submitted for probate and explain why you think the executor should not be appointed. The court will consider the objection and issue a decision either allowing the appointment or requiring that another person be appointed.If the named executor does not want to serve they can file a declination with the court and someone else can petition to be appointed.
What are the names of Joe bidden children?
Beau, Hunter, Ashley He has another daughter, Naomi, but is deceased
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.
You did not know you were executor and do not want to do it?
You can decline the responsibility. The court will appoint another executor.
