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Yes, if the executor abused their authority, wasted assets, failed to follow the provisions in the will and the probate laws, failed to pay creditors or did any number of things an executor should not do or failed to do things an executor should do. An executor can be held personally liable for their misbehavior.

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15y ago

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What is a executor?

The executor of the will is the person responsible for following the instructions of the will. They work with the probate court to make sure everything is done legally. The court provides them with a letter of authority that will allow them to act on behalf of the estate.


What happens if executor dies before will is settle?

If an executor dies before the will is settled, the probate court will typically appoint a successor executor to take over the responsibilities. This could be an alternate executor named in the will, or if none is designated, the court may appoint someone else, often a close relative or an interested party. The probate process may be delayed slightly as the new executor is established, but the overall administration of the estate can continue. It's important for the heirs or beneficiaries to communicate with the probate court to ensure a smooth transition.


Will with beneficaries but no executor?

Someone must petition the probate court to have the will allowed and to appoint an executor. The executor will have the authority to settle the estate according to the terms of the will under the supervision of the court.


How do you collect money from an estate when someone is deceased?

To collect money from an estate after someone has passed away, you typically need to go through the probate process. This involves filing the deceased's will with the probate court and having the court appoint an executor or administrator to manage the estate. Once appointed, the executor can collect the estate's assets, pay off debts and taxes, and distribute the remaining funds to beneficiaries as per the will or state law. It's advisable to consult with an attorney for guidance on navigating the probate process and ensuring compliance with legal requirements.


How do you open an intestate estate?

Apply to the probate court. The forms typically have a place where someone can ask to be appointed as executor. Consult a probate attorney in your jurisdiction for specifics.


Have a will with no executor who executes the will?

The court will appoint an executor. Any person who is interested in the estate can petition to be appointed the executor: friend or family. The family can ask for a volunteer or ask someone they trust. Then, when the will is submitted for probate that person will also petition to be appointed the executor. You should consult with an attorney who specializes in probate. The rules are more strict for the appointment of an administrator.


How does someone transfer their job as co-executor to another person?

An executor has no authority until they have been appointed by the probate court. The executor must file a resignation with the court that appointed them and the court will appoint a successor.


What steps do you take if an executor makes illegal changes to the will they are executing?

An executor has no authority until they have been appointed by the court. The will must be filed for probate so that the court can examine it to make certain the will is valid. At the same time they have submitted the will for probate the named executor must petition to be appointed the executor. If you mean to say there were physical changes made to the will then you can attend the hearing and object to the will. You can address your concerns to the judge. If the judge sees the will has been "changed" it will not be allowed. If you mean to say the will has not been filed for probate then the executor has no power or authority. Someone else can file the will for probate and request to be appointed the executor. No one but a judge has the power to change the provision's of a testators Last Will and Testament.


What happens if someone files for adverse possession during probate?

The executor has to defend the estate. They will have to hire an attorney to settle the case.


Can you fire an executor of an estate in Alabama?

You can ask the executor to step down. You can also ask the court to appoint someone else. This would be a good time to consult a probate attorney in Alabama.


Can an heir refuse to probate a will with oil and gas mineral interest at stake?

An heir has no right to refuse. Debtors can apply to the probate court for someone to become executor and protect their rights and debts.


How can someone find out what a deceased assets are in probate without contacting the executor?

They can obtain the accounting of the estate provided to the probate court. In the US under the Freedom of Information Act it would be a public record.