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Can you appoint yourself as executrix of an estate if you were power of attorney and in the will?
No, only the person making the will can make the appointment by naming the executor/executrix in the will.
ClarificationThe testator can name their choice for executor in their will but that person has no power or authority until they have been duly appointed and issued Letters Testamentary by a probate court. Once that process has been completed they are the appointed executor. Many wills do not name any executor. In that case anyone who qualifies under state law can request appointment and will be appointed if there are no objections.
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What happens when an executrix of an estate dies before the estate is settled?
Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work.
Can an estate executor sign over responsibility to the estate attorney in Tennessee?
The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.
Your sister was named executrix of fathers estate with you as alternate can sister refuse to be executrix?
Yes. Your sister can file a "Declination" and the petition to have the will allowed can list you as the executor. The attorney handling the estate will know how to file the proper documents so that you can be appointed.
Can the executrix of an estate dissolve the estate without the consent of the beneficiaries?
Certainly, as long as the court accepts the disposition of the property and the settlement of debts. Consult a probate attorney in the state in question.
How do you gain power of attorney of your dads estate without a power of attorney?
A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.
Do you need a power of attorney after your dads death?
A power of attorney can only represent a living person. After death, the court will appoint a an executor for the estate.
In Texas does an heir need an attorney to file a request with the probate court for a review of the executrix's accounting of the estate?
No, but the action is not necessary as auditing the estate is one of the procedures done within the probate court.
How do you transfer stock when the owner is dead and left a power of attorney?
The power of attorney has no value. The probate court will have to appoint an executor for the estate, who can then transfer the stocks.
Is there a such power of attorney that controls a deceased persons will?
No there is not such a thing. A power of attorney ends with the death of the person granting it. The court will appoint an executor that controls the estate.
Who becomes the executor of an estate if no one accepts being executor and no relatives?
The court will appoint an executor either an attorney or a bank. The cost will come out of the estate.
What happens when a separated spouse applys for probate and a letter has been left asking a daughter to deal with estate?
The court will appoint an executor. If there is controversy, they are likely to appoint an attorney or bank to serve, which will cost the estate more money.
How can you remove yourself as executor of an estate?
You can bring a lawsuit in the probate court asking the court to remove the executrix and appoint another person to handle the estate, usually the alternate executor named in the will. Each state has its own laws setting the basis for a removal. Generally these have to do with the executrix not doing what she is supposed to do, harming the estate in some or failing to obey the terms of the will or a court order. It is not easy to remove an executrix because most courts start with the premise that the acting executrix is the person the decedent has the most faith in. The court strives to uphold the wishes of a decedent. A court will not remove an executrix just because of disagreements or even animosity between her and beneficiaries. There must be some type of wrongdoing or breach of trust involved.
