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Must all beneficiaries agree to new executor before he can be appointed?
No, beneficiaries do not have to agree on the appointment of an executor. The court makes the appointment. If the family doesn't want someone appointed, the court will likely assign the duties to an attorney or bank.
What if executor is physically ill and not able to handle the burden of executor?
They can decline the responsibility. The court will assign someone else to be executor.
Can the executor assign a person to supervise over property left to children in a Will?
The Will must be submitted to the probate court and the court must appoint the executor. The executor does not have the authority to appoint guardians over children or property. Generally, the court will direct that money left to children must be deposited in trust for the children until they reach eighteen years of age. If the children inherit real property the court must appoint a guardian who can manage the property on behalf of the children until they reach eighteen.
Who is executor if parents die with four children and no will?
The court will appoint an executor.
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 the beneficiaries appoint a third executor when co-executors can't agree?
No. An executor must be appointed by a court. Even if named in a will an executor has no legal power or authority until they have been appointed by the court. The will must be submitted for probate and the court must appoint the executor.
Is there a law preventing an executor from selling property if the beneficiaries do not agree with the sale?
There is no such law. The executor has the power, from the court, to settle the estate.
What happens if an executor of an estate is removed from the position for mismanagement and stealing but the rest of the heirs will approve of another family member to be the new executor in new york?
The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.
Who becomes executor of will when original executor dies?
Upon the death of the testator the Will must be presented to probate court for allowance and the court must appoint the executor. The court will generally appoint the executor named in the Will if one was named. If that person is deceased or declines to serve the court will appoint a successor. An interested party can request appointment.
How does the power of attorney assign an executor to and estate?
A Power of Attorney is extinguished when the principal dies. The attorney-in-fact has no power to do anything. The probate court appoints the executor or administrator for the estate.
Does a executor have the power to make a decision when 4 people out of 5 agree?
The executor always has the power to make the decision. They do not need to have anyone agree with them. Though the court may be able to contest their decision.
Can heir property be sold by a majority vote in Tennessee?
Only if the executor and probate court agree.
