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What is the duty of the oldest child when the parents die without an executor of the estates?
United States
There are no legal duties or authority assigned to the oldest child. The family should consult with an attorney who specializes in probate who can review their situation and explain their options. If there are no wills, the property will pass according to the state laws of intestacy after the payment of the debts of the estates. You can check the laws in your state at the related question link below.
United States
There are no legal duties or authority assigned to the oldest child. The family should consult with an attorney who specializes in probate who can review their situation and explain their options. If there are no wills, the property will pass according to the state laws of intestacy after the payment of the debts of the estates. You can check the laws in your state at the related question link below.
United States
There are no legal duties or authority assigned to the oldest child. The family should consult with an attorney who specializes in probate who can review their situation and explain their options. If there are no wills, the property will pass according to the state laws of intestacy after the payment of the debts of the estates. You can check the laws in your state at the related question link below.
United States
There are no legal duties or authority assigned to the oldest child. The family should consult with an attorney who specializes in probate who can review their situation and explain their options. If there are no wills, the property will pass according to the state laws of intestacy after the payment of the debts of the estates. You can check the laws in your state at the related question link below.
What else can I help you with?
Is the oldest child in charge of the parents funeral arrangements?
No it's the person that is paying for the funeral or an executor of the deceased's estate.
Is the oldest child normally executor of estate?
No, the oldest child is not automatically designated as the executor of an estate. The executor is typically chosen by the individual in their will or appointed by the court based on state laws. It is important to select an executor who is capable of handling the responsibilities involved.
Oldest brother is executor of family estate however he is ill and the remaining 4 siblings want to assign the decision making regarding heir property to next oldest brother What do they do to transfer?
There is no executor until one is appointed by the probate court. You need to petition the court that appointed your oldest brother as executor and request he be removed and a successor appointed. Then, the estate should be settled and the property distributed as provided in the will.
If there are 3 siblings appointed as executors and 1 disagrees what happens?
I am assuming that the oldest executor will take charge
Can the executor sell property if he is the oldest child but only one child does not consent?
The Executor was specifically named by the the deceased to be their representative. and handle the matters of the disposition of their estate. As long as the Executor is abiding by, and adhering to, the wishes and instructions expressed in the will of the the deceased, they are acting with the 'good faith' expected by the deceased, and the law. However, this does not preclude dissatisfied heirs from challenging in court the actions of the Executor. Be aware, however, that the if the challenge is going to defend against it will be done so from the remaining proceeds of the estate and can therefore, have the effect of depleting the estates assets. Better that the heirs should consult with one another before this point is reached and try to come to some kind of mutual resolution of their perceived differences.
Who is in charge the oldest or the youngest?
The oldest. Parents usually teach their kids to respect elders
What happens if the next of kin is also the executor and there is no will?
Almost all 50 states have the same laws. However, the time periods and challenge processes may vary. The probate court will assign a 'temporary' executor who is an officer of the court to ensure that no assets are 'gone missing' during the assignment phase. Then the probate court will designate a 'permanant' executor based on the typical family pass-on structure that already exists in all states. Order being, 1) Spouse, 2) Children in order of oldest male child (over 18) down, then oldest female child (over 18) down. 3) Parents (If both husband and wife die simultaneously, then the husbands parents first, wives parents second). Then it progresses to Grandchildren (oldest first), Grandparents (husbands first), then it starts getting into nephews/neices, then uncles/aunts. If an executor isn't named in the will, the probate court MUST appoint according to these rules, but that doesn't stop anyone else with a family interest in the estate from contesting it. Say, the oldest surviving son is in jail for financial or insurance fraud. Obviously someone can petition to not have him assigned executor. It's best to always have an executor unless the normal 'chain of inheritance' works for you.
Can your mother who has no will and five children choose to have her second oldest child as her executor to distribute her estate?
Without a will, she gets no say in the matter. She should write a will to specify who she wishes to be responsible for the distribution. If she doesn't have a will, the court will appoint an executor. If the heirs don't agree on who that should be, they will appoint a bank or lawyer to serve in the position, getting paid from the estate for their services.
What do you do when you are one of five kids and the oldest and always get yelled at for no reason and never get any attention and feel unloved?
Most of the oldest kids in a larger family feel the same way. But don't worry, the oldest's parents do love them. There is nothing you can really do, except tell your parents how the oldest feels. And maybe ask them to show a little more love towards the oldest, otherwise, that could result in the oldest getting involved with drugs or whatnot because of the pain of being convinced that his/her parents do not love him/her.
Would you rather be the youngest or oldest in your family?
I rather be youngest because both parents love the youngest than the oldest.
Can a 17 year old girl marry an 18 year old in Mississippi without their parents' or a judge's permission?
No. Mississippi requires that you be *21* to marry without parental consent/court approval. It's the oldest age requirement in the entire U.S.
Is Jay Sean the oldest or the youngest?
Jay Sean is the Oldest of his family. He has a brother, who lives with Jay's parents back in the UK. So there you go. :)
