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Can someone file to be executor for someone who is deceased?
Certainly, they file a petition with the court. They usually require the agreement of the beneficiaries of the will to do so.
How much can you charge for an Executor fee in WV?
A maximum of 5%, but that can be contested by beneficiaries if they are under the impression the estate did not require a lot of work to administer.
Does the executor of a will have to pay for outstanding debts of a deceased parent if there is no money or property to sell?
The estate is responsible for the debts. The debts must be paid by the executor before any assets can be distributed. If the executor distributes any assets while the debts are outstanding, she/he may be personally liable. If there are no assets the estate is declared insolvent and the creditors are out of luck.
How can executor of an estate buy out other family members on real estate?
First, the estate must be probated and the executor must be appointed by the court. Then there are different ways the executor can purchase the real estate. They could petition the court for a license to sell the real estate with the executor as the purchaser after a fair market offer has been accepted by the beneficiaries. The executor would need to obtain the assents of all the other beneficiaries to the petition. The court would likely allow such a transfer. Another method would be for the executor could wait until the probate procedure has been completed and then purchase the property from the beneficiaries who inherited it and are now the legal title holders. Either way, the executor should consult with the attorney who is handling the estate to make certain the transfer is done properly and title is passed legally.
Does property have to be sold during probate?
Yes, the executor can sell the house. It will become a part of the estate and will escheat to the state if there are no beneficiaries.
Do you capitalize Executor?
No it doesn't require capitalization.
Can the executor of a CA estate have an undesirable military discharge?
It will not affect their ability to be the executor. It may require them to be bonded.
Does a will get read even if the executer of the will does not notify the deceased attorney and how does this occur?
Wills are rarely, if ever, "read" to the beneficiaries as so dramatically portrayed in movies and TV. Most if not all states simply require that the executor notify all beneficiaries named in the will and perhaps the persons who would inherit if there were no will, by mailing them a copy of it within a certain period of time. Each state may have different procedures so it is important to check the law or court rules on notice of probate. In New Jersey, the executor must within 60 days of probate send all beneficiaries named in the will and all persons who would inherit if there were no will a notice stating when the will was probated and in which court. The executor must provide copies of the will to all those who request it, but common practice is to just include it along with the notice.
How can the beneficiaries remove the executor of an estate?
If the beneficiaries of an estate want to remove the executor, they will first need a very good reason for doing so. In most jurisdictions, it will require a court action. It is best to retain a lawyer to do this.
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.
Can a executor do a loan mod to save the home?
The executor is required to preserve the estate. That may require a loan modification. They can also sell the property.
How do you make a claim to a NY bank for an account found in the name of a deceased person. There was an executor of the will.?
The account would have become part of the estate. The executor was issued "Letters Testamentary" when they were appointed by the court. Those letters authorize the executor to withdraw the funds and close the account. Contact the bank to find the department that will assist you in closing the account. It will require certified copies of the letters from the court. The proceeds from the bank account should de distributed according to the provisions in the will.
