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To become the executor of an estate after someone passes away, you typically need to be named as such in the deceased person's will. If you are not named in the will, you may need to petition the court to be appointed as the executor. This process usually involves submitting the necessary legal documents and proving that you are capable of handling the responsibilities of managing the estate.
What else can I help you with?
Is wife autmatically made executor of the estate when husband passes?
It is not automatically made the wife. The will itself can specify someone. It is often the case that the court will appoint the wife if that is her wish.
You are power of attorney for your mother you have to pay private pay for her if she passes before the money is spent who gets the money?
The money belongs to her estate. The executor of the estate will distribute it according to the will.
If your sister was named as the executrix in your parent's will but she passes away before the estate is settled does her husband or heir become the executor?
The court will appoint a new executor. It is not a duty that is inherited. Her husband could certainly ask to be appointed and if the other beneficiaries are okay with that, the court would probably appoint him.
What happens to the car when someone passes away?
that depends on whether it is paid off or still has a loan/lean on it. if it is paid off, it must be willed to somebody, or it can be purchased from the estate. if it has a loan on it it can either be givin back to the lender, or the loan can be taken over by the executor of estate. if it is to be bought form the estate it must be sold by the executor of estate. if it is willed to a person and it is paid off you simply have to do the paperwork to make it legally yours. in any case, the best person to discuss this with is the executor of estate, or the deceased's lawyer. they can handle or guide you to your options. just an fyi, the executor is essentially somebody who has power of attorney. they are typically the widow, or somebody appointed in the will.
Can a executor live in home and not pay out value until thay want?
Generally no. Generally, ownership of real property passes to the heirs at the moment of death. Therefore the heirs own that real estate. However, the estate must be probated in order for title to pass legally. You should report the executor to the court asking that they be removed and a new executor appointed to settle the estate.
What does the term "estate" refer to when someone passes away?
When someone passes away, the term "estate" refers to all the assets and liabilities they leave behind, including property, money, and possessions.
In Connecticut can an executor sell real estate to a third party when the sole heir of the real estate has requested to either re-mortgage it or buy it?
In Connecticut, title to real estate passes to the devisees or heirs upon the death of the owner. However, there may be circumstances where the executor is given power to sell the real estate by the testator. Also there are circumstances when the real estate may be sold by the executor, for example, if there are debts to pay. Speaking generally since you did not provide much detail, if it was NOT sold to pay debts of the estate you had the right to keep it and pay for it yourself if it was mortgaged. Especially if you are the sole heir.
Does a person who is appointed executor have more say over someone who has been given power of attourney?
The executor has no power as long as the individual is still living. And once the individual passes on, the power of attorney has no power.
Sister died leaving property to her mom. Before sister's probate was completed Mom died. Can Mom's executor deed the property to himself if Mom's will gives all her property to her son?
Generally, Mom's estate must be probated in order to pass title to the real estate. As soon as her will is allowed and the executor is appointed the title to the real estate passes to her son if that was set forth in her will. The executor can't convey the real estate contrary to the provision set forth in the will. As long as the will was probated the son owns the property. If the executor "deeded" the property to himself and he is not the son then that deed is null and void. You should seek the advice of an attorney.
What are the rights of each brother when one is executor of the trust?
I am the executor of my mother's estate. When she passes away, I am the one who has to see that all of her debts are paid, buriel is taken care of, who she owes, notifying all creditors, etc. about her death. Making sure Social Security is notified. Each beneficiary is entitled to a full accounting of what the distribution of the estate is. The Executor is responsible for meeting all the requirements of the probate court and providing full documentation and valuation to the court.
What happens to a debt you owe to a person that dies?
The debt you owed to the decedent will become a part of their estate and their heirs can collect as long as they have proof that you owe the money. The heirs can request that an estate representative be appointed and that person can pursue payment from you. The debt does not just go away as long as there is evidence that the money was owed to the decedent.
If a person passes before receiving monies from a settlement due to cancer from asbestos and then received by survivors is it included in person estate?
It would become part of the estate.
