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Generally, no. An executor has no authority until the will has been submitted to probate court, proved and allowed, and the court has officially appointed the executor. Once a will has been filed for probate it becomes a public record and anyone can go to the court, request the file and review the will and any other filings. An executor should not be secretive about a will or their actions in settling the estate.

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How much does the executor get paid in Kansas?

In Kansas, the executor is entitled to a fee for their services typically based on a percentage of the value of the estate. The amount of compensation can vary and is subject to agreement between the executor and the beneficiaries or approval by the court. It is recommended to review the specific details of the estate in question and consult with legal counsel for guidance.


Can a lawyer keep a will from someone?

Lawyers have specific instructions and regulations regarding who they share the contents of the will with. After someone dies, the contents are shared with the beneficiaries and interested parties only. The above answer is correct, so here are just a few details for which the answer was flagged: Before the testator dies a lawyer can keep a will from everyone except the testator if the testator wants it back. After the testator dies, a lawyer can keep a will from everyone except the named executor or other person who has the first obligation to probate the will. After the testator dies, a lawyer representing an executor can keep a will from everyone, even beneficiaries, if the executor directs the lawyer to not to give it out. The lawyer has to go by the client's directives, even though they may be misguided. The lawyer will tell the executor that it is the executor's obligation to give the will to beneficiaries; but it is the executor's obligation to give out the will. The lawyer does not act independently of the executor. Lastly, there is no "law" that specifies whether a lawyer can or cannot keep a will from someone. The above two answers are what I believe to be accurate interpretations of a lawyer's obligations on client confidentiality and scope of authority in representing a client.


Which section of RAPIDS 7 lists the record of the Sponsor and any beneficiaries?

In RAPIDS 7, the record of the Sponsor and any beneficiaries can be found in Section 3. This section outlines the details regarding the Sponsor's identity and provides information about the beneficiaries associated with the record.


How can the beneficiaries remove the executor of an estate?

If the beneficiaries of an estate want to remove the executor, they will first need a very good reason for doing so. In most jurisdictions, it will require a court action. It is best to retain a lawyer to do this.


What does a beneficiary receipt and release form for an estate look like?

A beneficiary receipt and release form for an estate typically includes the names and signatures of the beneficiaries, a description of the property or assets being distributed, and a statement confirming that the beneficiaries have received their share and release the estate from further claims. The form may also include details about the estate, such as the decedent's name, the executor's information, and the date of distribution. It serves as a legal document to prevent future disputes regarding the distribution of the estate.


Is it illegal for one member of family to withhold insurance policy details of deceased mother from siblings?

The information should be available to all family members who are the beneficiaries of the policy or are affected by the probate of the deceased person's estate. If the person withholding the information is the Executor of the estate, that person does not have the right to withhold this knowledge from the beneficiaries of the policy. Notify the probate court of this,


How do you draft letter to beneficiaries for distribution of assets?

When drafting a letter to beneficiaries for the distribution of assets, start by clearly addressing the beneficiaries and stating the purpose of the letter. Include details about the estate, the assets being distributed, and the timeline for distribution. It's important to convey any necessary instructions or information regarding the process, as well as offer an opportunity for beneficiaries to ask questions. Finally, conclude with a respectful note, expressing appreciation for their patience during the process.


Who is receiving payments from Phyllis Hyman's estate?

Phyllis Hyman's estate has been managed by her family and heirs. Payments from her estate are typically directed to her beneficiaries, which may include her immediate family members and possibly other individuals or entities designated in her will. For specific details regarding current payments or beneficiaries, legal documents or announcements from the estate would provide the most accurate information.


Is trying to remove an executor from a will considered contesting the will?

Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.


There are two heirs surviving an estate who's executor has died Who is next in line if not provided for in the will The birth son or the surviving son in law or both equal?

If there are no provisions in the will for alternate beneficiaries and a beneficiary has predeceased the testator then the laws of intestacy will determine who inherits. However, if a beneficiary died after the testator then the beneficiaries portion will go to their own heirs according to the provisions in their will or by the laws of intestacy. You need to be more specific in details. You can check your state laws of intestacy at the related question link below.


Can beneficiaries to a trust act jointly and severally?

The beneficiaries of a trust are not usually the "actors". Acting jointly or severally generally pertains to entities that perform the same functions such as trustees. A trust can provide that the trustees can act jointly or severally. That means, one trustee can take any action allowed by the provisions of the trust without the consent of the other trustee. You need to add more details regarding how you think "jointly and severally" would apply to beneficiaries.


Can the executor sell the house without permission from the beneficiaries if there isn't a will?

That is one of the responsibility of the executor, to liquidate the assets of the estate and divide them according to his/her interpretation of the intention of the will. The executor need not ask permission of any other siblings so long as the results are anything near the original intent of the will. The executor is required to provide a full inventory and accounting to the probate court as part of the final settlement.