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Executrix of estate account dies and is only one who has signature rights What can be done to close account?
If the executor dies before the estate is settled then a successor must be appointed by the court. Another person must notify the court of the death and ask to be appointed.
How do you become a co-executor of your mother's will?
The following is general information only. You should consult with an attorney in your jurisdiction who specializes in probate law. The testator usually names the executor in the will. When the testator dies, the named executor files the will for probate and must also petition to be appointed as the executor at the same time. The executor has no power or legal authority until they have been appointed by the court. If your mother didn't name you as co-executor in her will then you will need to consult with the person who was named in the will. Perhaps they would consider allowing you to join in the petition for appointment as a co-executor.
When you have 2 executor's and 1 of them put you as a secondary executor what happens?
Any executor must be appointed by the probate court. If joint executors are named in the Will they must petition to be appointed by the court. They can only be removed by the same court.
Can the executor change any legal information or bank information if the person is considered incompetent?
The executor has no power over a living person. They could be appointed conservator by the courts and have the ability to do so. The executor is only appointed after the death of the testator.
If a person dies leaving no assets will the executor named in the will be released of all duties?
If a person dies owning no property whatsoever, the executor won't petition the court for appointment. An executor named in a will who is never appointed by a court has no power and no responsibilities. The will can be simply "filed" with the probate court for a nominal sum without actually opening a probate procedure. It will be indexed in the probate records for future/historical reference purposes only.
Will a secondary executor of an estate after a death lose control even if the will states joint executors?
Any executor must be appointed by the probate court. If joint executors are named in the Will they must petition to be appointed by the court. They can only be removed by the same court.
Can property be sold by one individual if he is not appointed as executor or administrator of property?
He has no right in the property. He has no legal ability to convey title. Only the executor has that right.
Should someone who has POA for their father wait until their father dies before have an auction of their belongings?
You can't wait, unless you are also the executor named in the will. The power of attorney is only valid while the subject is living.
What is the difference between Executor and Power of Attorney?
A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal. An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.
Does that mean the secondary executor of the estate lost control even if the will states joint executors?
Any executor must be appointed by the probate court. If joint executors are named in the Will they must petition to be appointed by the court. They can only be removed by the same court.
Will that mean the secondary executor of the estate lost control even if the will states joint executors?
Any executor must be appointed by the probate court. If joint executors are named in the Will they must petition to be appointed by the court. They can only be removed by the same court.
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.
