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What else can I help you with?
Can you be a power of attorney and executor for your father?
Your power as attorney-in-fact for your mother expired upon her death. Only the probate court can appoint an executor. If your mother died testate the court will appoint the executor she named in her will. If none was named, the court will appoint one.
How does executor of a will access a checking account?
First they need a letter of authority from the court. They present that to the bank and will be able to access the account.
Can your brother executor of your moms will legally disinherit you from her will?
The executor does not have that power. Their job is to execute the will as written.
Can the executer of a will refuse to give the beneficiary their inheritence?
Absolutely not. And take note, no one is an executor until they have been appointed by a court. The will must be filed in probate and the court will appoint the executor. Once appointed the executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the probate court. Any executor who fails to perform their duties according to the will and the law can be sanctioned by the court.
Can a beneficiary override an executor in the distribution of assets?
No, a beneficiary cannot override an executor in the distribution of assets. The executor is legally responsible for carrying out the instructions in the will and distributing assets accordingly.
How old is an executor?
The age requirement to be an executor varies by jurisdiction, but generally you must be at least 18 years old to serve as an executor. It is important for an executor to be mentally capable and legally competent to fulfill their duties.
What to do Father died and left me executor and sole beneficiary?
If your father owned real estate in his own name when he died you must present the Will to probate court to have it allowed and to be appointed the executor. That is the only means by which the title to the real estate can be legally transferred to you. Also, if he had bank accounts in his own name, your appointment as executor will provide legal access to those accounts. If there is a simple estate involved perhaps the court staff will assist you in filing the documents yourself. If more complex then you should seek the advice of an attorney.
Is the executor or executrix legally bound to execute the will as written?
Yes, the executor is legally bound to fulfill all directions in the will. If an executor has a question about the legality of some particular direction (such as scattering cremated ashes in a place where it is not allowed), the executor has the right to file an action in the probate court for what is called "advice and directions". All beneficiaries will get notice of the action and have a right to be heard for or against the issue and the court will decide what the executor is to do.
Can an executor's spouse insert themselves in executing a will?
Legally they have no standing to do so. Only the executor has the court order allowing them to act on behalf of the estate. The spouse certainly may influence them, but the executor still has to account to the court.
Who can legally probate a will?
Generally, a court appointed executor can probate an estate once the will has been proved and allowed by the court and the court has officially appointed the executor.
Can the executor of an estate purchase a silencer?
The executor of an estate is not granted any special privileges vis a vis firearms. If an ordinary citizen of the jurisdiction in question could legally purchase a silencer, then the executor can as well. If not, then no.
When a parent dies and the estate has not posted notice to creditors can a child enter into legal agreements?
When a parent dies the estate must be probated in order for title to real property to pass to the heirs legally and for the court to appoint an Executor or Administrator. Only the court appointed fiduciary will have the authority to access accounts. Until the estate is probated there is no one authorized to enter legal agreements concerning the property. You should consult with an attorney who specializes in probate.
