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If there isn't an attorney for a trust whom does the executor answer to if they are not doing the job of disbursing the assets?
I'm a little bit confused by the terms, but what I think you're asking is who does the trustee answer to in terms of doing his job properly. The answer is the beneficiaries of the trust. A trustee owes the beneficiaries a fiduciary duty to administer the trust property only for the benefit of the beneficiary. If a beneficiary feels that the trustee is not doing his job properly, the beneficiary can take it up with the court or in some cases, depending on the terms of the trust, can remove the trustee and appoint someone new to take his place. If you are in a state that has adopted the Uniform Trust Code, the trustee also owes the beneficiaries of the trust an annual accounting of the trust funds so that the beneficiaries can see exactly what the trustee is doing with the funds. I'm in Missouri and we are a UTC state. There are 20 other states including Kansas, Nebraska, Wyoming and several others, which have adopted the UTC. Check your local law to see if your state is one of them.
What else can I help you with?
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.
Do heirs in New Jersey have a right to see the bank records of an estate if the executor will not provide the information?
Certainly. The records have to be filed with the court and they are a matter of public record. The heirs may wish to hire their own attorney if they don't feel the executor is doing a proper job. They can petition the court to have the executor removed as well.
If the executor of an estate is not doing a proper job of completing the probate process unnecessarily delaying completion of the probate process how can one have them removed as executor in NY State?
You can petition the court to have them removed. They are likely to appoint a neutral party to be the executor. It might be the right time to consult a probate attorney.
What recourse do the heirs have when the Propriety has sold the money is in the bank but the executor refuses to distribute the money to the heirs?
If the period during which creditors can make a claim has passed, generally, the heirs can submit a motion to the court to compel the appointed executor to make distribution. The executor has a legal obligation to perform all their duties in a timely manner. If the executor isn't doing that then complain to the court or to the attorney who is handling the estate.
My brother is executor and I don't think he is being fair what can i do?
he is executing the will according to its contents, this has nothing to do with being fair, he is only doing what the will tells him to do. I you have a problem with the will then you must contest it through an attorney, who will advise you what to do.
What does an executor of estate do when a will wasn't made and there is a lot of unknown debt Is it mandatory to post who the executor is in the newspaper so these debts can be paid?
That is one of the primary purposes of creating an estate. The executor has to contact all known debtors and advertise for unknown debtors. There has to be a method for these debtors to contact the executor to place their claims.
How do i find my wifes secret savings account?
Confidentiality laws will prevent you from doing this. You could ask her or if you are in legal dispute ask your attorney to help you get a court order forcing her (and you potentially) to disclose all your assets.
Can the executor of a will in Florida charge for doing their duties?
Yes, the maximum is proscribed by law.
Can you being the second executor fired the first executor for not doing what he supposed to?
Only the court can remove them. You can petition the court to have it resolved. They may appoint a third party.
Are the parents of a deceased adult son responsible to file federal tax returns when the person died intestate?
The executor of the estate is responsible. They are required to file a tax return for the deceased. It may be a good idea to consult a tax attorney before doing this.
Can a legal guardian sell property left in a Will?
That would depend on what the will said. It is usually the "executor" of the will who has responsibility for doing what the will says. IF you are the legal guardian (and the executor) and you do something you should not then the beneficiaries of the will will be able to sue you personally for any losses.Go and get advice form a solicitor/attorney before you do anything.United StatesThe executor has absolute control over the property in a decedent's estate. The duly appointed executor (or personal representative) must be given authority in the Will to sell real estate. If not, she needs a license from the court to convey any real property. A legal guardian could assent to the sale on behalf of the ward and the executor would distribute the proceeds according to law.If a ward inherited real estate and the estate has been processed, a legal guardian would require a license to sell the real estate from the probate court. The court would appoint a guardian ad litem to monitor the sale and report to the court whether it is in the ward's best interest. In this case the guardian should hire an attorney to supervise the process. The guardian would be personally responsible for any errors that have a detrimental effect on the ward or their assets.
If you sign papers to take you off as an executor can you still get paid for the work you are doing as an executor?
Your are entitled to reasonable compensation for the work that you did. The accounting should be submitted to the court with the change papers.
