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What else can I help you with?
Does an executor have to file Form 56 when handling the estate of a deceased individual?
Yes, an executor may need to file Form 56 with the IRS when handling the estate of a deceased individual. Form 56 notifies the IRS of the appointment of a fiduciary to act on behalf of the estate.
Can an executor sign legal documents by simply signing their own name or does it have to also say Executor for the estate of so-and-so?
An Executor signing a legal document for an Estate must include "Executor, Estate of...." Also, as Executor, you may have to request various information (non legal)in writing, and must include Executor, Estate of with your signature. Some info may require proof of your appointment as executor in the form of Letters of Testamentary. Some may also require including a copy of the Death Certificate.
What is the process for filling out a W-9 form for an estate?
To fill out a W-9 form for an estate, the executor or personal representative of the estate should provide the estate's legal name, address, and taxpayer identification number (TIN). The form should be signed and dated by the executor or personal representative. Additionally, any required attachments or supporting documentation should be included with the form.
When must you file an Estate Form 706?
Estate Form 706 should be completed following a person's death. The executor of the estate should file the Estate Form 706 within 9 months after the decedent's death.
What happens to the car when someone passes away?
that depends on whether it is paid off or still has a loan/lean on it. if it is paid off, it must be willed to somebody, or it can be purchased from the estate. if it has a loan on it it can either be givin back to the lender, or the loan can be taken over by the executor of estate. if it is to be bought form the estate it must be sold by the executor of estate. if it is willed to a person and it is paid off you simply have to do the paperwork to make it legally yours. in any case, the best person to discuss this with is the executor of estate, or the deceased's lawyer. they can handle or guide you to your options. just an fyi, the executor is essentially somebody who has power of attorney. they are typically the widow, or somebody appointed in the will.
Can your sister who is listed as an executor along with you also as an executor try to have you removed as an executor on your mothers will?
Yes, she can petition the court to be the sole executor. If there is conflict, the court may very well appoint a third party, a bank or attorney, without a vested interest in the estate. This typically costs the estate money in the form of compensation to the executor.
What can be done if the executor puts things on the appraisement form in-order to increase the total estate knowing he can't distribute them?
If it is a part of the estate, it needs to be on the inventory and valued for tax purposes. The executor can sell all the items in the estate if necessary to resolve debts.
What is evidence of probate of a will?
Evidence of probate of a will comes in the form of a judgment or order for probate and documents called Letters Testamentary. Letters Testamentary are issued by the court that admitted the will to probate. They usually state that the will was admitted to probate on a certain date and name the person who is serving as executor. The Letters will usually have an official stamp or seal of the court that probated the will so that parties dealing with the executor on behalf of the estate can be assured that the person acting as executor is in fact the legally appointed executor.
What type of court can beneficiaries remove an executor and appoint someone else as executor?
Estates are generally handled by a probate court but they have different names in different jurisdictions. To make changes to the executor of an estate you need to return to the court that appointed the executor and file your complaints in the form of a motion. The staff will help you with a form. The court will consider your motion and render a decision.
Is there a legal form equal to a power of attorney after death?
It is called being the executor of the estate. The probate court can issue the letters of authority.
Can an heir stop an executor from removing funds from the estate?
Once the debts of the estate have been paid and the costs of probating the estate have been paid the executor must make distribution.Once the debts of the estate have been paid and the costs of probating the estate have been paid the executor must make distribution.Once the debts of the estate have been paid and the costs of probating the estate have been paid the executor must make distribution.Once the debts of the estate have been paid and the costs of probating the estate have been paid the executor must make distribution.
Can an executor resign?
As a matter of law, once you commence acting as executor, or intermeddle in an estate as it's also called, you are responsible for the administration of the estate. As such, if you wish to resign as executor after taking control of the testator's property, you must formally renounce your position in writing. In order to do this, you will need to submit a letter of renunciation in writing to the probate court. The precise form of this letter can vary from state to state. As such, you should check with your local probate office to see what precise form is required.
