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You contest the executor named in the petition by filing an objection on the basis of anticipated failure of the executor's ability to perform fiduciary duty. You would have to file the appropriate objection with the court where the petition for probate of the will was filed. It is rare that a court will refuse to appoint the named executor just on suspicion of future improper behavior or animosity between the executor and the beneficiaries; however there are instances when it is appropriate.
State laws provide that executor may be removed from their office (after appointment) for breaching their fiduciary duties to the estate and beneficiaries. If the executor loses estate money, fails to invest estate assets, fails to preserve estate assets, fails to obey court orders or does anything detrimental to the estate, the court will remove the executor.
What else can I help you with?
How do you REFUTE an executor?
Your use of the word refute makes your question unclear.You can OBJECT to the appointment of the executor by making your objection to the court within the time frame set forth in your notice of the Petition for Appointment.You can CHANGE the executor you named in your will by executing a Codicil striking that appointment and naming a new executor.You can request the court's guidance if you think the executor is mishandling the estate by explaining the situation in a motion to the court and asking for a ruling.
When a testator dies and the named executor does not want the duty how does he find a new executor?
The appointment of a named executor or replacement of an executor for any reason is under the jurisdiction of the probate court. The named executor can file a Declination if they don't want to accept the appointment and the court will appoint an alternate. The person who wishes to relinquish the office after appointment as the executor must file a motion with the court to be relieved of that duty and the court will appoint a successor. If the executor dies or becomes incapacitated the court will appoint a successor. If there has been misconduct or breach of duty by the executor the beneficiaries may petition for removal and appointment of a successor.
Can the executor stop the will being made public?
NO. The executor must file the Will in probate court and request appointment. Until they are appointed by the court they have no authority whatsoever.NO. The executor must file the Will in probate court and request appointment. Until they are appointed by the court they have no authority whatsoever.NO. The executor must file the Will in probate court and request appointment. Until they are appointed by the court they have no authority whatsoever.NO. The executor must file the Will in probate court and request appointment. Until they are appointed by the court they have no authority whatsoever.
What happens when executrix signs her power over to executor?
An executor must file a resignation with the court that made the appointment.
How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?
The executor can file a resignation with the court and you would petition for appointment as the successor.
What happens if an executor changes a will?
An executor who makes any changes to the will is in violation of law and should be reported to the court that made the appointment immediately. They should be replaced as executor.
What happens if the executor of the decedent's will dies after the reading of the will?
The court that made the appointment should be notified and a successor executor must be appointed.
Is it executor under the Will or Executor of the Estate?
Not all wills name an executor. If an executor is named in the will they must submit the will to probate for allowance and petition for appointment as the executor. In that case they will be both the executor under the will and the executor of the estate once appointed.In some cases, the named executor has died. In that case the court must appoint another person to act as executor. In some cases the executor named in the will declines the appointment. In that case the court will appoint an alternate. Either of these executors can be referred to as executors under the will and they are both executors of the estate. It may simply be a matter of style.Some may acknowledge a distinction that a person who is executor under the will has not been officially appointed by the court and the executor of the estate has been appointed by the court and Letters Testamentary have been issued making the appointment official.
Can the executrix live indefinitely in the house pay the mortgage without selling or assuming the mortgage even if the 3 other siblings may get money until the house does get sold for enough profit?
No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
How can the named executor be changed in the will of a testator who is now mentally incompetent?
The named executor cannot be changed since the testator is no longer legally competent. No one can make changes to the will. When the testator dies the court will consider objections. If necessary, interested parties can object to the appointment of the named executor if they believe the testator no longer wanted that person to serve. The court will appoint a successor executor if the objections to the appointment succeed or if the named executor cannot serve.
How do you find if i am a beneficiary?
If you are a beneficiary of a will you will be notified when the will is presented to the court for allowance and appointment of an executor.
How do you change the executor of a will?
The individual has his or her will amended to show the new named executor or executrix. The amending will need to be witnessed and notarized (preferably) in the same manner as the original document, but not neccessarily by the original witnesses. An executor or executrix who has been appointed by the probate court or was named by the testator (testrix) must be relieved of the responsibility through the court.
