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How do you transfer duties from executrix to one named as an alternate?
Apply to the probate court. If the primary has already accepted the duties, they will have to provide a full accounting to the court of what they did. The court will issue new papers for the new executor. If they haven't assumed the duty, they simply decline to serve.
What is the legal recourse if the executor of a will does not fulfill their duties in wa state?
Petition the court to replace the executor.
What are the duties of the executor to find assets which may have been taken by fraud or deceit?
That is one of their duties.
What can you do to have executor removed if she is not preforming the duties as the executor of your fathers will?
Petition the court to have them removed and replaced. In such cases the court is likely to appoint an attorney to serve as the executor.
When should an executor of an estate know they are appointed executor?
When the testator has passed away. That is when their duties begin. The first thing they have to do is file with the probate court to be appointed as executor.
What if your father is the sole executor of a will his father left and you would like to know if he dies can your mother become the sole executor?
Alternate ExecutorsThis will depend on the Probate [sometimes called "Succession"] law of the state in which the deceased [who assigned your father as executor] lived, and thus the will was probated.Usually, the will for which your father was named executor will have a statement naming an alternate (s) executor in the event the named executor [your father in this case] is unable, for any reason, or unwilling to serve in that capacity.If there was no provision for appointing an alternate executor then the Probate law of the state in which the deceased lived will determine the assignment of a new executor.In this type of situation, it would not be uncommon for your mother to be named by the Probate Court as the replacement executor [called an "executrix" in the case of a female].
How old is an executor?
The age requirement to be an executor varies by jurisdiction, but generally you must be at least 18 years old to serve as an executor. It is important for an executor to be mentally capable and legally competent to fulfill their duties.
Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?
Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.
What do I do if the executor of my father's estate will not give me any accounting information?
Complain to the court immediately. The court can compel the Executor to file an accounting or replace the Executor if they will not perform their duties with expediency.
Can an executor borrow money from the estate?
Not without breaching their fiduciary duties. It would be irresponsible of the executor to do so. It could land them in trouble.
If an executor does not distribute the assets can those included in the will force the executor to do so?
First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.
Can you be an executor without knowing?
You can be appointed executor without knowing it. There is no requirement to share the contents of the will before death.
