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.
Letters Testamentary are a court issued document that show an executor was duly appointed by a court.
No, an executor cannot sell property without going through the probate process.
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.
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.
The executor is entitled to compensation for their time and effort. The court will approve the payment at the going rate.
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.
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?
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.
A will must be filed with the court. That makes sure that the executor is held responsible and that the appropriate taxes are paid.
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.
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.
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.