Go to the probate court and ask them to appoint a new executor. In this case they will probably request a full accounting from the existing executor. If it is not complete, they are likely to appoint a third party (an attorney or bank) to serve as the executor. This will cost the estate more money, but it is going to be done correctly.
Petition the court to replace the executor.
When a lawyer fails to fulfill their professional duties, it is called legal malpractice.
If the period during which creditors can make a claim has passed, generally, the heirs can submit a motion to the court to compel the appointed executor to make distribution. The executor has a legal obligation to perform all their duties in a timely manner. If the executor isn't doing that then complain to the court or to the attorney who is handling the estate.
To become the executor of an estate, you typically need to be named in the deceased person's will. If you are not named in the will, you may need to petition the court to be appointed as the executor. Once appointed, you will be responsible for managing the deceased person's assets, paying debts, and distributing property to beneficiaries according to the will. It is important to follow legal procedures and seek guidance from a lawyer to fulfill your duties effectively.
Of course the alternate can volunteer to assist the court appointed executor in the fulfillment of her duties. However, the alternate has no legal power and will not be entitled to any compensation.
Yes. Once an executor has been appointed by the courtthey have legal control over all the property of the decedent. If you don't surrender the key the executor can hire a locksmith to enter the premises and change the locks. Once the Will has been allowed in the probate court, and the executor appointed, you have no right to enter the premises without the permission of the executor.
First: A person is not an executor until they have been appointed by a court. Once appointed, the executor is under the jurisdiction of the court and can be reported and removed for a failure to carry out their duties quickly, efficiently and according to the law. You should petition the court to remove and replace the executor.
The most common charge would be fraud. Another is breach of fiduciary duties. The court can request a full accounting from the executor.
Legal duties are obligations that citizens are required to fulfill by law, such as paying taxes or obeying traffic laws. Voluntary duties are actions that citizens may choose to take on their own accord, such as community service or voting in elections. While legal duties are enforced by the government and can result in penalties for non-compliance, voluntary duties are undertaken willingly without a legal requirement.
Generally, an executor doesn't need to be the "legal spouse".
To become appointed as the executor of an estate, one must be named in the deceased person's will or be appointed by the court if there is no will. The individual must then file a petition with the probate court, provide necessary documentation, and fulfill any legal requirements to be officially appointed as the executor.
Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.