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What else can I help you with?
If you are the executer can someone else take over your authority and duties without your knowing about it?
No. You are the court appointed executor unless the court appoints someone else because you have failed to perform your duties as executor. In that case the court would notify you and there would be a hearing.
Can you remove an executor without going to court?
Not once they have been appointed as executor. The court has issued a letter of authority to that executor. That will have to be cancelled and a new one issued to the new executor.
Can an executor sell property without going through the probate process?
No, an executor cannot sell property without going through the probate process.
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.
Can an executor sell estate property without obtaining approval from all beneficiaries?
No, an executor cannot sell estate property without obtaining approval from all beneficiaries.
Can a will be changed in New York state without notifying executor of the will?
The executor is not required to know anything about the will until it is time to execute it. They don't even have to be told they are the executor.
Can you sue a person that has sold a house without checking with the executor?
Yes, you can certainly sue for that. The executor can go to the court and have the sale nullified. Only the executor can transfer the property of the estate.
Can an executor borrow money from the estate?
Not without breaching their fiduciary duties. It would be irresponsible of the executor to do so. It could land them in trouble.
Can an executor relenquish their rights and can another of the deceased children become executor?
Yes, an executor can turn down the responsibility. The court will appoint another person and would probably approve it without a second thought.
Can your sister who is listed as an executor along with you also as an executor try to have you removed as an executor on your mothers will?
Yes, she can petition the court to be the sole executor. If there is conflict, the court may very well appoint a third party, a bank or attorney, without a vested interest in the estate. This typically costs the estate money in the form of compensation to the executor.
Can a sibling claim themselves as executor of your parents estate without your consent if there isn't a will?
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.
Can a co-executor choose to drop out after a year and a half without the knowledge of the other co-executor?
No. The co-executor must file a resignation with the probate court in order to free themselves of any obligations and responsibilities in the estate and to notify the world they will no longer be serving as co-executor.
