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What else can I help you with?
If unmarried father dies who would be the next of kin?
The decendants are the natural heirs. If they are not yet adults, the court will create a trust for their suppport. They will also appoint an executor to manage the estate.
What if a beneficiary of a will dies while the will is being dealt with by the executor?
The beneficiaries' estate will get their share. The executor will continue to process things according to the will.
If the executor of a will dies would that person's next of kin automatically become the executor?
No. If the executor dies the court must appoint a new executor.
What happens if the executor of a will dies and will is not updated to reflect this change and the husband of the couple making the will dies?
If the named executor has died then the court will appoint an executor. An interested party can petition to be appointed executor.
What if your father is the sole executor of a will his father left and you would like to know if he dies can your mother become the sole executor?
Alternate ExecutorsThis will depend on the Probate [sometimes called "Succession"] law of the state in which the deceased [who assigned your father as executor] lived, and thus the will was probated.Usually, the will for which your father was named executor will have a statement naming an alternate (s) executor in the event the named executor [your father in this case] is unable, for any reason, or unwilling to serve in that capacity.If there was no provision for appointing an alternate executor then the Probate law of the state in which the deceased lived will determine the assignment of a new executor.In this type of situation, it would not be uncommon for your mother to be named by the Probate Court as the replacement executor [called an "executrix" in the case of a female].
Can the sole beneficiary act as executor if the executor for my fathers will dies.?
Yes. You can notify the court that the executor has died and request that you be appointed the successor.
Your sister is executor of my mothers will Do you have a legal right to see the will before your mother dies?
As a beneficiary of the will, you may not have the legal right to see the will before your mother dies unless your mother or the executor chooses to share it with you. After your mother passes away, the executor is legally required to provide the beneficiaries with a copy of the will during the probate process. If you have concerns about the process or your rights, it may be helpful to consult with a legal professional specializing in estate matters.
Is a Will valid if the only one Executor appointed in it dies?
Yes. The court will appoint a new executor when it is notified that the first executor it appointed has died.
If a father dies and doesn't have a wife who is the executor of the estate?
The court must appoint the executor and will appoint the person named in the will by the testator unless that person declines, is deceased or is determined to be unfit by the court. In that case any one of the surviving children may petition for appointment and if there are no objections that person will be appointed executor.
What happens to the assets due to an executor if the executor of a will dies?
They become part of his estate. The executor of his estate would file the claim against the first estate.
What happens if executor dies before will is settle?
If an executor dies before the will is settled, the probate court will typically appoint a successor executor to take over the responsibilities. This could be an alternate executor named in the will, or if none is designated, the court may appoint someone else, often a close relative or an interested party. The probate process may be delayed slightly as the new executor is established, but the overall administration of the estate can continue. It's important for the heirs or beneficiaries to communicate with the probate court to ensure a smooth transition.
Should someone who has POA for their father wait until their father dies before have an auction of their belongings?
You can't wait, unless you are also the executor named in the will. The power of attorney is only valid while the subject is living.
