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I need to withdraw from being executor of estate. My mother still living has been in an estranged relationship with my wife and I. How do I retract from being her executor of her will?
You really don't need to do anything because you aren't the executor yet. If your mother dooesn't change her will before she dies then at that time you can file a declination with the court as the named executor. The court will appoint someone else.
Brother is the sole executor. He had the will changed after Mother had made a new one. Is this legal?
The executor has no authority to change a will. It is not their document and it is illegal to do so.
Is the executor of the estate liable for mortgage if foreclosure?
The executor is not personally liable for anything. The estate is liable for all of the debts. If the executor is going to inherit anything, there may not be anything for them to get.
Can executor of will change beneficiary after death?
Can an executor of will change beneficiaries before or after death
I lived with my mother for 33 months prior to her death as her caretaker and paid all household expenses. Can an executor claim back rent from me?
No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.
Can an executor have the attorney change a will without written consent?
No, the executor has no right to change a will. Only the testator can change a will.
When a will is set up or changed does the executor have to sign the will?
The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.
Can you leave anything to the executor of your will?
Yes, in many cases the executor is a family member and heir.
Can a daughter have her mother's will changed prior to her being named the executor knowing her mother is dying of brain cancer?
No one can change another person's will. The testator can make changes only if they have the legal capacity to make changes. No one can "have" another person's will changed because a legal professional knows that it cannot be done. If the daughter who is trying to change the will is the named executor the family should object to her appointment as the executor after the testator's death. Some other more trustworthy and responsible person should petition to be appointed as the executor.
Can the executor demand the key to my deceased mother's empty house?
Yes. Once an executor has been appointed by the courtthey have legal control over all the property of the decedent. If you don't surrender the key the executor can hire a locksmith to enter the premises and change the locks. Once the Will has been allowed in the probate court, and the executor appointed, you have no right to enter the premises without the permission of the executor.
Can executor be change?
yes
Can an executor encourage someone to change will?
The executor has the same rights as any other person. They can ask someone to change their will.
