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What happens when you are not notified by the executor that you are the trustee in your fathers will?
Briefly, the will needs to be presented to the probate court for allowance. By that process the court will appoint an executor and from that point on the court will have jurisdiction over the estate. The executor will be obligated to follow the provisions in the will and you will have the legal right to monitor the probating of the estate. No one has any power to act until the will has been probated. Title to the property does not pass until the estate is probated.
What else can I help you with?
What are the responsibilities of an executor of a living trust?
A trust doesn't have an executor. It has a trustee. The trustee manages the trust according to the terms of the trust.
Is an executor of a will in Queensland a Trustee?
Yes, an executor of a will in Queensland is also considered a trustee. The executor's role includes managing the deceased's estate and distributing assets to the beneficiaries in accordance with the terms of the will, which involves acting in a fiduciary capacity similar to that of a trustee.
Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
Is an executor of a will the same as the trustee?
No. An executor settles an estate according to the provisions in the will. A trustee manages a trust according to the provisions in a trust.A trust may be set forth in a will. In that case the will must be probated with the executor in charge of the probate of the will. Once the probate process is completed the court will allow the trusteeship and officially appoint the trustee. Then that trustee will manage the trust according to the provisions set forth in the will.
When a trustee dies does the beneficiary of the trust get notified of what is in the trust?
Not necessarily, another trustee will be appointed.
Can an executor to the will and as a trustee purchase the other trustee half?
A trustee doesn't have anything to buy or sell. If the property was left to the two, he can buy out the other party if they agree to it.
How does the executor in a living trust remove a family member from property?
A trust doesn't have an executor. A trustee manages a trust according to the provisions set forth in the instrument that created the trust- the Declaration of Trust. You need to review that declaration to determine what the trustee can do and how.
What if the executor of a living trust spends all the money that was in a bank account to maintain the estate for his own personal use Now there is no money to maintain the estate.What can be done?
A living trust has a Trustee (not an executor). You can bring a lawsuit against the Trustee. In the lawsuit the trustee will have to show what was done with the money, and the court will judge whether it is against the law or not. The trustee has a fiduciary responsibility and if that is violated, and there is proof, the trustee will lose the lawsuit and you will win damages.
If the Executor is not following deceased wishes as to the ashes as stated in his will-is this a criminal offense?
The executor should be reported to the court that made the appointment. The executor should be removed for a breach of their fiduciary duty. The court can appoint a successor trustee.
Is it legal for an executor of a trust to change the title on a property from The Jane Doe Trust to the Executor's own name as his sole and separate property and then get a loan?
First. A trust is managed by a trustee and not an executor. Second, a testamentary trust should be supervised by the probate court. The trustee has only those powers that are set forth in the document that created the trust. What you describe sounds like self-dealing by the trustee. You should bring the matter before the court and ask for a review of the trustee's actions. The trustee should also be asked to provide an annual accounting of the trust property for every year they are in office. If the trustee is mishandling trust property they should be replaced. You could ask the court to remove the trustee and appoint a replacement.
What is age requirement for estate trustee in New York state?
In New York State, the age requirement to serve as an estate trustee (also known as an executor) is at least 18 years old. Additionally, the individual must be of sound mind and not have a felony conviction. If the designated executor does not meet these criteria, the court may appoint an alternative executor.
Is it the duty of an executor to carry out all of the requests of the deceased no matter how the executor feels about such requests?
No, they can appoint another trustee, as long as all the promised wishes get carried out specifically as designated.
