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What else can I help you with?
Can a parent just come and demand to be the executor?
They can name you as the executor when their will is drafted. However, you are under no obligation to serve. When the will is eventually filed in probate you only need to sign a declination and the court will appoint an executor.
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.
What happens if the family of a deceased person object to the executor of the will?
I am not an attorney. You could mean that family don't like the person chosen to be the executor, or that family object to something the executor is doing. Not liking the person is petty, and not worth getting upset about. The executor was chosen by the deceased, and if the will is in order and if the executor is doing everything properly, then you just suck it up until the assets are distributed. If the executor is not following the exact specifications in the will, then there is a problem. Family should be able to obtain a copy of the will, and if the executor is misbehaving then probate court has to come into the picture. Even when there is a will, the process is handled by probate court, although the process is much more streamlined when there isa will. But the provisions of the will have to be determined to be legal by probate court, and no executor can simply do what he pleases without regard to the provisions of the will. It sounds like probate court may be able to help you.
How do you get power of attorney for your mum now she has just died?
You don't want a power of attorney. You want to request a letter of authority as executor from the probate court.
Can one extract oneself from being an executor of a dead brother's will?
Simply write a letter to the probate court. You just need to state that you do not wish to take on the responsibility.
Can a copy of a will be used if executor refuses to have the will probated and will not relinquish the original copy of the will?
You need an attorney, not a website. An executor does not have the legal right to "refuse to have the will probated." Until the will is probated, it's just a piece of paper (and part of what makes an executor an executor instead of just a busybody is being granted probate by a court). From what you are saying, the "executor" in this case is playing fast and loose with the law, and you'll probably want to get an attorney involved sooner rather than later.
When a person dies can anyone sale a bond?
No, not just anyone can sell a bond. In this case it would have to be the executor of the estate. They will have to include the bond in the inventory and assets. Their letter of authority from the probate court will allow them to sell the bond.
What happens if the executor is hiding bank accounts?
They should be reported to the court that made the appointment and they should be prosecuted criminally.What should happen:If it is determined that an executor has been hiding assets the probate court should enter a judgment toRemove the executor from office;Appoint another fiduciary (usually the alternate executor named in the will) to take his/her place;Order the removed executor to turn over all assets, records and other information of the estate to the newly appointed fiduciary within a stated period of time;Order the removed executor to file with the court an accounting of all transactions that the removed executor has made to date;Order that the removed executor forfeit all or some of the commissions due to him for handling the estate.Order any other type of relief that may be just or equitable under the circumstances.
I just found out my grandfather's estate was 4 million dollars I am one of 3 grandsons and father is the only other heir How do I go about finding the will to see if I am a beneficiary?
You can contact the court where the probate was filed and ask how you can obtain a copy of the will. If you live nearby you can go to that court, review the entire file and make any copies of documents that you want. If not, you can arrange to obtain a copy through the mail.
Can a will be changed by executor before death?
The testator can change their executor as often as they wish without any sort of notification. Once the estate has been opened and the court has appointed someone, they cannot be changed without notification. The Letters of Authorization have to be revoked and new ones issued.
Where can you find Estate Administration and Probate of the Estate forms?
Oh, dude, you can find Estate Administration and Probate of the Estate forms at the probate court in the county where the deceased person lived. It's like a treasure hunt, but instead of gold, you find legal paperwork. Just head on over to the court and ask for those forms, and you're on your way to navigating the exciting world of estate administration.
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?
