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You can bring a lawsuit in the probate court asking the court to remove the executrix and appoint another person to handle the estate, usually the alternate executor named in the will. Each state has its own laws setting the basis for a removal. Generally these have to do with the executrix not doing what she is supposed to do, harming the estate in some or failing to obey the terms of the will or a court order. It is not easy to remove an executrix because most courts start with the premise that the acting executrix is the person the decedent has the most faith in. The court strives to uphold the wishes of a decedent. A court will not remove an executrix just because of disagreements or even animosity between her and beneficiaries. There must be some type of wrongdoing or breach of trust involved.
What else can I help you with?
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.
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.
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.
Can one be an executor of probate but not the estate?
There is no executor of probate. The executor of the estate executes the will and probates the estate.
Can the executor of an estate remove items without asking the other beneficiares in the state of Indiana?
The executor has a responsibility to preserve the estate. They can remove items for appraisal and sale, but the assets still remain a part of the estate until properly distributed.
Is it possible to cash a check Made payable to the Estate Of?
Nope, has to be deposited to an estate account. You can then go ahead and write a check to yourself from the estate account.... assuming you are the executor and have the authority to do so. Nope, has to be deposited to an estate account. You can then go ahead and write a check to yourself from the estate account.... assuming you are the executor and have the authority to do so.
What is the executor of estate for the Titanic?
What is the executor of the estate for the titanic?
Can you sue an executor of a will it as been a year since probate was granted still not heard ahything the estate was left to me and two charities my uncle passed away in may 2009?
First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.
How do you remove or terminate an executor or administrator of an estate?
The answer depends upon the laws of the state where the estate is. Every state has laws that give the grounds which serve as reasons to remove or terminate an acting executor. In New Jersey, an executor m ay be removed only for cause, such as, refusing to make an accounting if ordered by a court to do so; if he has embezzled, wasted or misappleied assets; if h e neglects to administer the estate; if he is no longer of sound mind, etc. The mere fact that the beneficiaries may not like the executor or even if there is some animosity between them is not a reason to remove the executor unles he does something harmful to the estate
Does the executor work for the beneficiary?
No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.
What is the estate executor fee in Arkansas?
what if the estate executor fee in arkansas
What happens to the assets due to an executor if the executor of a will dies?
They become part of his estate. The executor of his estate would file the claim against the first estate.
