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What else can I help you with?
Can you get a letter of testamentary without going to probate in TEXAS?
Letters Testamentary are a court issued document that show an executor was duly appointed by a court.
Can an executor sell property without going through the probate process?
No, an executor cannot sell property without going through the probate process.
What is the legal recourse if the executor of a will does not fulfill their duties?
Go to the probate court and ask them to appoint a new executor. In this case they will probably request a full accounting from the existing executor. If it is not complete, they are likely to appoint a third party (an attorney or bank) to serve as the executor. This will cost the estate more money, but it is going to be done correctly.
Does all heirs have to sign to remove executor of estate after trustee passed away?
Only a court can remove an executor and appoint a successor executor. A trust document should provide for the appointment of a successor trustee. If it doesn't the court will appoint one if asked to do so. Those two offices and issues are separate.
Does the executor of an estate receive payment for carrying out duties to distribute proceeds of an estate in Ontario Canada?
The executor is entitled to compensation for their time and effort. The court will approve the payment at the going rate.
Can an executor be prosecuted for not properly handling an estate in a timely manner?
Defining timely is going to be the issue in this case. An executor has a duty to be thorough and complete in what they do. They must provide a full accounting to the probate court.
How do you relinquish rights as an executor?
If I own an equal amt.of property as the executor of the estate and he is taking things what are my rights? He will not allow me into the house without him, but he is going in and removing items when I am not there?
Do executors have the right to know will before death of person?
An executor has to have the will in order to be able to execute it, and if you don't give the executor a copy of your will while you are still alive, you certainly are not going to be able to give him a copy after you are dead, at least, not unless you have a preliminary executor whose function is to give the will to the actual executor - which is really a needless complication.
Does a will have to be filled with the courts if it is not going to probate d the will?
A will must be filed with the court. That makes sure that the executor is held responsible and that the appropriate taxes are paid.
is it legal to evict a tenant without going to court ?
The only way you can evict a tenant without going to court is if the tenant leaves voluntarily. Otherwise, you cannot use self help and simply go in and remove their property or change the locks. You are required to go to the landlord tenant court and obtain a court order in order to evict someone. An order will only be entered after the court schedules a hearing and notice of the hearing is given to the tenant.
The will states all deceased's children must agree on everything before six months is up. What rights do you have if the executrix is going ahead and not involving other children?
File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.
Does an executor of a will have to keep open communication?
No. Of course they should answer questions, which is easy with the availability of email. However, the interested parties can often be very demanding and expect more of the executor's time than is reasonable. The interested parties to the estate will be notified any time their assent is required as the probate procedure progresses. That's one way to monitor the progress. At any time, those parties can visit the court and request the file to review the executor's progress. If the executor isn't performing their duties with expediency the heirs can request that the court compel the executor to get going.
