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Can the executor of the estate transfer ownership of home to executor with consent of living owner?
You can't be the executor of an estate if the individual is still living. Property transfers are done the same as any other time.
Is a medical power of attorney the same as living will or advance directive?
A medical power of attorney authorizes someone to make health care decisions for the principal in the event that the principal has been determined to be unable to provide express and informed consent themself.
Can you appoint an executor from another estate in your will?
Yes. You can appoint the same person as your executor in your will even if that person has been appointed by someone else as their executor in their will.
Is executor of the Will same as power of attorney?
No. A living person (the principal) can execute a Power of Attorney document that appoints an attorney-in-fact to act on their behalf and manage their affairs while they are alive. A POA is extinguished immediately upon the death of the principal. An executor is the person named in a will to distribute an estate after a person has died. The will must be filed in probate court and the court will appoint the named executor if there are no objections to the appointment. The executor will then have the authority to pay the debts of the decedent and distribute the remaining estate to the heirs according to the provisions set forth in the will and the state probate laws.
How do you get Executor Power?
Generally, in order to be appointed the Executor of an estate you must present the Will to the Probate Court for allowance and at the same time petition to be appointed the Executor.
Can an executor encourage someone to change will?
The executor has the same rights as any other person. They can ask someone to change their will.
Is an executor the same as a power of attorney?
No, an executor and a power of attorney are not the same. An executor is responsible for managing a deceased person's estate, while a power of attorney is appointed to make decisions on behalf of someone who is alive but unable to do so themselves.
Why can't the power of attorney and executor of the estate be the same person?
A power of attorney is extinguished upon the death of the principal. An executor is the person appointed by the probate court to handle a decedent's estate. One office serves the living and the other office serves the deceased.
Can a executor be the sole beneficiary of mothers will in Massachusetts?
As long as the will was properly drafted and is allowed by the court the executor and the beneficiary can be the same person.
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.
Does the executor of a will have to live in the same state as the testator?
No, the executor of a will does not have to live in the same state as the testator. However, it can sometimes be beneficial for the executor to be located near the testator’s assets or have knowledge of local laws.
Can the testator and executor be the same person?
No. The testator is the person who makes a Will.The executor is the person named in a Will as the person who will settle the estate according to the provisions in the Will after the death of the testator. The executor must submit the Will for probate and petition for appointment by the court.
