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What else can I help you with?
Can an executor take periodic fees of the estate for a large complex state that will take some time to settle?
Yes, they can take periodic fees. It is subject to the state laws and the approval of the court.
Can an executor find ways to keep one of his sibling from receiving an inheritance as outlined in the will by directing executor fees toward that sibling's allotment or other methods?
No. An executor cannot take his fees from one beneficiary's share of the estate. He must follow the instructions in the will. He must perform his duties honestly and according to the law. The debts and costs of probating the estate come out of the assets first. If there is not enough left to pay the full amount of the legacies then they must be pro-rated equally. The executor cannot discriminate against one beneficiary.
Can the executor and alternate executor share duties?
Of course the alternate can volunteer to assist the court appointed executor in the fulfillment of her duties. However, the alternate has no legal power and will not be entitled to any compensation.
How long after a family death can a beneficiary sue an executor of the estate?
The will must be admitted to probate. The executor must be appointed by the court. Then, the executor must do something that violates their legal responsibilities. That could take months or that may never happen. You seem to already have something in mind.
If the Will contest is dropped placing the Executor as the sole Owner can they refuse to take possession and continue to act as Executor for the Deceased?
The construction of your question reveals much confusion regarding the probate process. The withdrawal of a Will contest does not make the executor the owner, it allows the court to appoint the executor. A person is not the legal executor until they have been duly appointed by the probate court. Once appointed the executor has the authority and responsibility of settling the estate without any interference by the beneficiaries.
Can executor of a will take others out?
The executor cannot change the will. They have to execute the will as it was written and as modified by law.
How soon can the executor of an estate account get money from the account after a home has been sold?
The executor of an estate can typically access funds from the estate account after a home has been sold once the sale is finalized and all necessary legal and financial obligations are met, such as paying off any outstanding debts, taxes, and fees. This process may take a few weeks to several months, depending on the local laws and the complexity of the estate. Once the sale proceeds are deposited into the estate account, the executor can begin distributing funds according to the will or state intestacy laws.
Can you get in trouble for unpaid overdraft fees?
Definitely yes. Your credit rating will get affected and the bank can take legal action against you
Can an executor take cars out of state?
If the executor is in process of selling the car for the estate, I believe it would be proper for them to do that. The executor does not own it but it is their position to disperse the assets.
Can you take civil action against an executor?
As long as your question is referring to the executor of a will, than the answer to your question is yes.
How long after a death does the executor have to settle the estate in Illinois?
In Illinois, there is no strict deadline for the executor to settle the estate after a death. However, it is generally expected that the executor will complete the process within a year of being appointed. Delays could occur due to the complexity of the estate or legal challenges.
If one joint power of attorney refuses to participate in the handling of the estate what can the other do to take care of the estate matters that are at a standstill?
Estates do not use power of attourney, they are managed by the executor(s) named in the will. It is the executors LEGAL DUTY to do what the will instructs - if an executor does not want to do this then a court will need to decide what to do.
