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The sister in law's status as a tenant in common does not give her any special advantage to be appointed as executor. The daughter should continue with her petition for appointment as her parents' heir. As tenants in common, the parents' interest in the property will not pass to the sister in law.
What else can I help you with?
How do step children stop surviving spouse from becoming executor of father's estate?
They would have to apply to the court. If there is controversy, they may appoint a neutral party to serve.
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
Is surviving spouse responsible for medical bills in NJ?
Only if she is the executor of the estate. The executor is responsible for all estate debts.
If a domestic partner passes away can daughter evict surviving partner?
Probably not. I'm no lawyer but I expect it depends on who was paying the rent. If both were considered tenants, then the surviving partner likely has the right to continue the tenancy. If the deceased was the financially responsible person and the daughter is executor, she may be in a position to terminate the lease. Only the landlord (or their agent) does evictions.
Can you be an executor of your daughter if there is no will?
You can apply to the court to be the executor. In most cases they will grant the letter of authority.
Does being the daughter as executor of a will allow compensation be paid by estate?
The executor is entitled to compensation as proscribed by the will or the law. The relationship of the executor to the decedent does not matter.
Can your surviving wife be an heir and an executor on your will?
This is very common in estates. It makes sense as they are the ones that will benefit.
Is a surviving spouse automatically the executor in Illinois?
The court must appoint the executor and will appoint the person named in the will by the testator unless that person declines, is deceased or is determined to be unfit by the court. In that case the surviving spouse would be the next one considered if they petitioned for the appointment.
How can you as the child become the executor of the estate over the suviving spouse and no will?
Matters of probate are controlled by the laws of the state in which the decedent lived. Therefore, you should contact the office of the clerk of the probate court to obtain information on the procedures for filing for executor or executrix of the deceased's estate. ==Clarification== If the decedent died intestate the surviving spouse must Petition the probate to be appointed the Administrator of the estate. If there is no will then there is no executor.
When your named executor of your fathers will can a stepmother sell any part of an estate?
Not unless she holds title as a surviving owner.
Can a daughter apply to be an executrix of estate with no will?
The correct office that the daughter could apply for is 'Administrator'. An 'Executor' is only appointed when there is a will.
Does a daughter have to be informed by the executor of a will that she has been written out of her mothers will?
It would make sense that the executor should do so. Otherwise they are very likely to have the will challenged in court. That does not mean that the daughter will get to inherit anything, but the estate will be diminished if it has to undergo legal challenge.
