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Can using the position of Executor to settle old scores be grounds for removal?
Remember that an executor has no power and authority until they have been appointed by the court. The answer is yes. The interested parties can file a motion for the removal of the executor and the appointment of a successor at the court that appointed the executor. You must express your complaints in the motion with clear examples. The court will review the situation and render a decision.
Is mindless behavior coming to the south florida fair grounds?
i luv princeton ,but is mindless behavior coming to florida
How do you request to replace an executor of a will in Texas?
Any interested person can petition to remove an executor. An interested person is usually any present or future beneficiary or creditor who has a stake in the estate. The petition for removal may be combined with a request for appointing a new, alternative personal representative. The objecting party must present all facts showing "cause" for the executor's removal. If the court determines that there are sufficient grounds then the executor must show why they should not be removed from the position. If the executor fails to attend or answer the court's request, they will automatically be removed as the representative.
My Father named me executor of a will can someone try to change it?
Upon your father's death you will need to file his will for probate. In the usual order of business the court reviews the will to make certain it meets the technical requirements for a valid will in your state. If the will is found to be valid, it's allowed and the court appoints the person named in the will as executor as long as they have not declined to serve. Others may file objections to the appointment of the executor at that time but they would need to provide compelling evidence to the court that the named executor should not be appointed.
How do you remove or terminate an executor or administrator of an estate?
The answer depends upon the laws of the state where the estate is. Every state has laws that give the grounds which serve as reasons to remove or terminate an acting executor. In New Jersey, an executor m ay be removed only for cause, such as, refusing to make an accounting if ordered by a court to do so; if he has embezzled, wasted or misappleied assets; if h e neglects to administer the estate; if he is no longer of sound mind, etc. The mere fact that the beneficiaries may not like the executor or even if there is some animosity between them is not a reason to remove the executor unles he does something harmful to the estate
What is the legal recourse if the executor of a will does not fulfill their duties?
Go to the probate court and ask them to appoint a new executor. In this case they will probably request a full accounting from the existing executor. If it is not complete, they are likely to appoint a third party (an attorney or bank) to serve as the executor. This will cost the estate more money, but it is going to be done correctly.
Can an executor of an estate not notify beneficiaries of a will?
yes Answer: Not if the estate was filed in the probate court and she was the duly appointed executor. An executor can't operate in secret if the other interested parties are on their toes. That would be grounds for removal and besides that, everything an executor does is public information. At several stages in the administration of the estate the executor must provide proof of service to the court. That means that the executor has to prove to the court that she provided notice of her activities to the interested parties. Also, probate records are PUBLIC records and anyone can go to the probate court and inspect the papers in the file. If you can't go yourself, you could call the appropriate court and to request copies of any documents filed.
How to terminate an executer of estate?
I am assuming this question relates to a situation where the executor has already been appointed and the beneficiaries are unhappy with the administration. You can file a lawsuit in the probate court demanding the removal of an executor, however you will have to prove that the executor is acting unlawfully to the detriment of the estate or otherwise not fulfilling his/her duties. Mere animosity between an executor and beneficiaries without proof of some substantial wrongdoing will not serve as grounds for the court to order a removal. These lawsuits should not be filed unless there is serious wrongdoing because with legal fees for both sides a lot of the estate can be spent in the litigation. Besides, courts offer beneficiaries other remedies for problems, such as forcing an executor to make an accounting. Most Courts consider removal of executors a drastic measure.
In Congress what types of behavior are grounds for expulsion?
Flinging ones poo at another is totally unacceptable, and may result in expulsion and lawsuits
All About The Executor Of A Will?
The executor of a will holds the responsibility of offering the will for probate after the testator, or creator of the will, has died. Property must also be distributed, according to the instructions in the will, by the executor. Time must be spent dealing with creditors and debtors to the decedent’s estate. Depending on each individual situation and size of the estate, duties may include more tasks. Holding the title of executor is a serious responsibility and requires the designated executor to have a good ethic. Property of the deceased testator that is not left to the executor must never be used for personal gain. Executors may be removed from a will before the death of a testator, but this must be performed by the testator. An amendment, or codocil, is formed and new revisions are made. After the death of the testator, the removal of an executor is more difficult. With proper court proceedings and valid reasoning, the executor may be removed by approved parties. Spouses, children, family members or those holding special relationships to the deceased testator may file petitions with the court to remove the testator. Removal is not always granted, but when reasonable grounds are proven, it is usually accomplished. Most wills list an alternate executor to be appointed, should the original executor die first or be unable to fulfill their duties - or be removed. If no alternate executor is named, such as in a hand-written will, the court will appoint a new executor. Sometimes a person may not wish to be the executor of a will, but were appointed without their knowledge. With a busy life schedule, physical or mental handicaps, some people are unable or do not wish to take this responsibility. The courthouse in the county where the death occurred will have a form that allows an executor to perform self-removal. By filling out a removal petition in the presence of the clerk, who counts as a witness, the executor may remove his or her affiliation with the testator’s will. In such cases, the alternate executor will be appointed or the court will appoint one. When making a will, it is in the best interest of the testator to choose a person or persons who are aware they are being named. Choosing an executor who is trustworthy and capable will ensure that the will is carried out properly and assets distributed honestly.
Could you as the executor of your neighbors will also be the only person to benefit?
Yes. However, the will should be drafted by an attorney who specializes in probate to make certain the will isn't vulnerable to challenges. A testator has the right to choose their beneficiary. Generally, a will can only be challenged on technical grounds not because someone doesn't think it's "fair". The attorney may advise the testator to name a different person as the executor although it may not be necessary.
What if your boss kisses you on the lips?
If you didn't initiate it or overtly encourage it, then you have grounds to complain of harassment. Don't complain to him, but find out what provisions your area has for this type of behavior.
