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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.
What else can I help you with?
If your parent dies and has a vehicle how do you put it in your name?
The estate Executor and/or the court will either assign the title or sell the vehicle. If it is part of your bequest the executor will do this with you.
Does the executor decide who can live in their parent's home?
Its possible if the will states it and there is no state law that would prevent it.
Can hospice make you put your parent in a nursing home?
No they can not make you put your parent in a nursing home.
Where do you put the apostrophe in Parents?
possessive - parent's my parent's home {my parent [his/hers] home} plural- parents I have two parents JCF
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
Do you have to be a resident of the state of NC to be executor of an estate of a parent?
There are no residency requirements for being executor. The beneficiaries do have to be citizens of the US.
Can the custodial parent put the child in a separate home away from the rest of the family?
Yes, if it's the home of the other parent.
Can you as co-executor be sued for the debt of your parent's foreclosed mortgage?
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.
How do you get named as executor if your parent has already passed away?
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.
What rights does a family executor have while the parent is still living?
They have absolutely no rights. An executor does not obtain any power until appointed by the court.
If a parent dies while house in foreclosure?
The executor of the estate represents the decedent.
Can a parent just come and demand to be the executor?
They can name you as the executor when their will is drafted. However, you are under no obligation to serve. When the will is eventually filed in probate you only need to sign a declination and the court will appoint an executor.
