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Does the Executor of the estate sign the decedents name and then sign as the executor of the estate?
No. The executor must be appointed by the probate court and signs their own name as the executor of the estate. For example: " John Smith, executor of the estate of John Doe." Be sure to add that designation, especially when signing contracts on behalf of the estate, so you do not unintentionally obligate yourself personally in any transaction you carry on for the estate.
What else can I help you with?
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.
Can you name yourself as an executor of a relative's estate?
You do not have the power to do so. Only the court can appoint an executor.
How do I sign as the executor?
If you mean how do you sign estate chacks as the executor, you sign your name as usual, then add "Executor of the estate of..." Like this: " John Smith, executor of the estate of John Doe." Be sure to add that designation especially when signing contracts on behalf of the estate, so you do not unintentionally obligate yourself personally on something.
What is the name of the person in charge of a family estate?
Executor
Can an executor sign legal documents by simply signing their own name or does it have to also say Executor for the estate of so-and-so?
An Executor signing a legal document for an Estate must include "Executor, Estate of...." Also, as Executor, you may have to request various information (non legal)in writing, and must include Executor, Estate of with your signature. Some info may require proof of your appointment as executor in the form of Letters of Testamentary. Some may also require including a copy of the Death Certificate.
Is it executor under the Will or Executor of the Estate?
Not all wills name an executor. If an executor is named in the will they must submit the will to probate for allowance and petition for appointment as the executor. In that case they will be both the executor under the will and the executor of the estate once appointed.In some cases, the named executor has died. In that case the court must appoint another person to act as executor. In some cases the executor named in the will declines the appointment. In that case the court will appoint an alternate. Either of these executors can be referred to as executors under the will and they are both executors of the estate. It may simply be a matter of style.Some may acknowledge a distinction that a person who is executor under the will has not been officially appointed by the court and the executor of the estate has been appointed by the court and Letters Testamentary have been issued making the appointment official.
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.
Can you name someone else executor if you do not wish to do the job?
Certainly. As long as the beneficiaries don't have a problem with it. Or the court will appoint an executor (usually an attorney or a bank). No estate will fail because of the lack of a named executor.
What if you are the executor of the will m i responsible for any debts if the home was not in my name?
Being the executor does not make you personally responsible. The estate has to pay any debts. If the estate cannot pay them, the debtors do not get paid.
Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?
Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.
What does an executor of estate do when a will wasn't made and there is a lot of unknown debt Is it mandatory to post who the executor is in the newspaper so these debts can be paid?
That is one of the primary purposes of creating an estate. The executor has to contact all known debtors and advertise for unknown debtors. There has to be a method for these debtors to contact the executor to place their claims.
How long can estate stay active after the owners death in Texas and executor dies with out changing things into his or her name what will happen?
The court will appoint a new executor to handle the estate. A bank or lawyer is often chosen to do this.
