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Can executors renounce in favor of a family member who is not a beneficiary in the will?
The executor cannot "renounce or disclaim" the inheritance of any beneficiary. That can only be done voluntarily by the person who decides to disclaim their own inheritance and there are certain forms that must be used, signed and filed with the estate.The executor cannot "renounce or disclaim" the inheritance of any beneficiary. That can only be done voluntarily by the person who decides to disclaim their own inheritance and there are certain forms that must be used, signed and filed with the estate.The executor cannot "renounce or disclaim" the inheritance of any beneficiary. That can only be done voluntarily by the person who decides to disclaim their own inheritance and there are certain forms that must be used, signed and filed with the estate.The executor cannot "renounce or disclaim" the inheritance of any beneficiary. That can only be done voluntarily by the person who decides to disclaim their own inheritance and there are certain forms that must be used, signed and filed with the estate.
What does an executor do if a beneficiary does not cash an estate check In this case the estate has been closed for six months?
The executor should contact the beneficiary to see if the check was ever received. If it was they should request it be cashed immediately. If not, depending on the type of check used, that executor should arrange for a replacement. It would seem that the checks were simply mailed out with no request for the beneficiary to sign any release. A signed release shows the funds were received.
Is there a conflict of interest when Executor is also a beneficiary and has Power of Attorney for another beneficiary?
Their shouldn't be a conflict of interest as long as the executor maintains detailed records and settles the estate according to the terms of the will and the state probate laws. As long as the executor doesn't do anything that's questionable (regarding the principal under the POA) there shouldn't be a problem. On the other hand and if possible, in the matters of the estate the principal could sign any court documents for themselves rather than having them signed by the attorney-in-fact under the POA. That would remove the possibility of doubt.
Can you still receive an inheritance is all but one of the beneficiary's refuses to sign off?
Yes. A beneficiary who refuses to release their demands in an estate cannot delay the process for long. The executor can ask for a hearing on the final account and the court will allow it even though all the beneficiaries have not signed releases.
Does the executor have the right to require the beneficiaries to sing a release before the estate monies are distributed to the beneficiaries?
Yes. If the executor has refused to make distribution then you should complain to the attorney who is handling the estate and to the probate court immediately. They can be compelled by the court to act or they can be replaced.
How do I know if there is a pre-payment penalty clause on my mortgage?
You need to read all the documents you signed at the closing.You need to read all the documents you signed at the closing.You need to read all the documents you signed at the closing.You need to read all the documents you signed at the closing.
How long does it take to receive money from a will after the executor has signed off on the documents?
There is no single time frame that can be state. Each estate is unique and has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.
In the state of Missouri does the spouse who is not the beneficiary on an IRA have to sign acknowledging that they are not the beneficiary?
In most cases, the spouse of the owner of an IRA is the default beneficiary. Therefore, there would be a legal document that would need to be signed acknowledging that he or she is not a beneficiary.
Is a will valid without an executor of the estate being appointed?
There is no requirement that an executor be named in the will for the will to be valid. The court will appoint one.
Does Georgia law mandate that your spouse must be beneficiary on your life insurance unless a release is signed?
No, the only requirement is that the beneficiary have "insurable interest".
When an Executor edits his father's will for probate?
It is fraud. You cannot 'edit' a will once the testator has signed it. And amendment or codicil can be filed to change parts of the will, but they have to be done by the testator, not the executor.
What form legally indicates who is the executor of an estate?
The Letter of Authority signed by the probate court.
