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The named executor can file a declination and you can petition the court to be appointed in their place.
The named executor can file a declination and you can petition the court to be appointed in their place.
The named executor can file a declination and you can petition the court to be appointed in their place.
The named executor can file a declination and you can petition the court to be appointed in their place.
What else can I help you with?
When a will is set up or changed does the executor have to sign the will?
The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.
Can a person who is power of attorney and has been for a number of years deal with the persons will when they die even though someone else is named as executor?
Not legally. A power of attorney represents a living person. After their death, the will and its appointed executor are responsible.
Does a will become null and void if the executor is a friend of the widow?
No. A person making a will usually chooses a friend or relative to be their executor. The executor may even be someone who benefits from the will. There is no requirement for the executor to be 'independent' in any way.
What if you don't want to be a co executor?
Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.
Can the executor of a will force you to take money instead of property even though you are named in will to receive equal shares of property.?
It is certainly a possibility. The property may have to be sold to settle all the debts.
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.
Can a named executor of your will obtain a death certificate even if not a relative?
The executor has to have a copy to execute the will. It will be part of the petition to the probate court. And the certificate is a public record and anyone can obtain a copy.
You were appointed executor for a recent decease but you are not happy to perform the role Can you refuse?
There is usually a procedure to 'renounce' executorship, but renunciation must be done before the named executor takes even one step. Otherwise the executor would have to apply to court to be relieved of the executorship.
Can a son in Missouri be executor for estate of parents in Illinois?
I can answer my own question now that I have spoken with a lawyer in Illinois. The answer is yes, I can be the executor of my parent's estate, even though I live out-of-state. Thanks for this forum.
How do you relinquish rights as an executor?
If I own an equal amt.of property as the executor of the estate and he is taking things what are my rights? He will not allow me into the house without him, but he is going in and removing items when I am not there?
Can a named executor be replaced?
Yes. As long as they still have legal capacity, a testator can make changes to their will by executing a codicil which is a new document that is attached to a will. If the changes are substantial or made multiple times it is better to execute a new will and destroy the old one.
Is there a law requiring you to open an estate if debts are owed?
Pretty much, the debtors can require it and can even petition the court to become the executor.
