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Your father has dementia and a living trust your brother is the executor of the estate and has power of attorney What is his fiduciary responsibility to any heirs?
Your details are all mixed up. An executor handles the estate of a person who has died. Heirs are the individuals who are entitled to inherit the property of a person who has died. A Power of Attorney allows one person to act on behalf of another LIVING person. A trustee is the person with the power to act for a trust. Any fiduciary has the responsibility of not wasting any assets.
Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?
Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.
Can brother executor prevent sibling from living in mothers home while she is still living?
The executor has no power while the person is living. Until they are appointed by the court, they have no power.
Who become a new executor if the original executor of a will dies and the will was already in probate?
If the will names an alternate executor in the event the first named executor dies or refuses to serve, then that person should become the new executor. If the will does not name an alternate executor, or if the alternat has died or refuses to serve, then generally one of the residuary legatees named in the will should be appointed. In some states this person is not known as an executor but rather an administrator c.t.a. This is an abbreviation for the Latin "cum testamento annexo", meaning, "with the will amended." Keep in mind that probate laws differ from state to state. This is a general answer and might not apply in every state.
Can an executor relenquish their rights and can another of the deceased children become executor?
Yes, an executor can turn down the responsibility. The court will appoint another person and would probably approve it without a second thought.
What is the difference between and executor and conservator?
A conservator is appointed by the court to manage the estate of a living person who is incapable of managing their own affairs. An executor is appointed by the court to settle the estate of a person who died leaving a will.
When a testator from a distant city dies how can the named executor transfer the responsibility to a person who is willing and lives in that distant city?
They can decline the responsibility. In most cases the court will gladly use the other person.
Do you need the signature of the co-executor to remove them from a will?
The naming of the executor is something done by the person making the will. If they are still living, they can do what they like and no signature is required.
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.
How do you get the title for a car if the person dies before the title was signed and the executor refuses to sign the title in NC?
You will probably have to go to court and get the judge to order it.
Can a person who was living with your dad prevent his children from being appointed executor of his estate?
No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.
Can the executor charge rent to a person that was living in the home before the death of the owner?
Yes.
