No. A Will does not become operative until the testator has died. The executor named in a parent's Will to distribute their estate after their decease has no right to take the parent's property while they are still living.
The contents of a Will are your parents' personal and legal business. It is none of a child's business unless the parent shows you the Will, includes you in estate/will planning, or you are named the Executor/Executrix of the Will (this is not a minor child). When the parents die, the Executor/Executrix can contact the parents' Attorney to get a copy of the Will, if it's location is unknown at home.
I can answer my own question now that I have spoken with a lawyer in Illinois. The answer is yes, I can be the executor of my parent's estate, even though I live out-of-state. Thanks for this forum.
No. As the executor of a will, your role as executor is not triggered until the party who named you executor dies. If the parent is still alive, you'd need a power of attorney (document) naming you as the power of attorney to make decisions for the parent in the event that the parent is incapacitated or incapable of making decisions on his or her own behalf.
They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.
It depends on who is being described. If there is one parent, it is parent's: the parent's car was parked outside. When describing several parents, it is parents': the parents' children were playing on the field.
Since laws in different states are different, I would suggest you check with the executor or executrix of your parent's will. Failing that, you should check with a lawyer who is familiar with the inheritance laws in your state (and the state your parent lived in if different from yours).
Yes, that is very common. The spouse is typically the executor of the estate.
The executor does not have any rights or responsibilities before the person dies. Being paid makes no sense and is not a legal right.
There are no residency requirements for being executor. The beneficiaries do have to be citizens of the US.
Open an estate. The courthouse will usually be able to provide the packet of papers required to file. The court can appoint an executor and the estate will be inventoried and distributed after the payment of debts.
The estate is responsible for the debts of the decedent. The executor is not personally liable. If it is necessary to bring suit the executor's name will be recited as the respondent as the executor of the estate and not as an individual.
You need to submit the will to probate court for allowance and ask to be appointed the executor. If there is a different executor named in the will they may need to sign a declination.