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What rights do you have as a non-executor adult child of the decedent if the decedent's brother is executor?
The right to inherit has nothing to do with who was named executor. The right to inherit remains valid with all of the children. Consult a probate attorney that knows the laws for your state. ==Another Perspective== The court appointed executor has the obligation and authority to settle the estate. Only the executor has the power to manage the assets, transfer property, close accounts, sell real estate, etc. The executor must follow the provisions set forth in the will. However, all the powers of the office may be carried out according to the discretion of the executor without any interference by the beneficiaries. If the beneficiaries have questions concerning the executor's role they should first contact the attorney who is being paid to handle the estate.
How can one become an executor of an estate?
To become an executor of an estate, one must be named as such in the deceased person's will. The executor is responsible for managing the deceased person's assets, paying debts, and distributing the remaining assets to beneficiaries according to the will. It is important to understand the legal and financial responsibilities of being an executor before accepting the role.
Is an executor of a will in Queensland a Trustee?
Yes, an executor of a will in Queensland is also considered a trustee. The executor's role includes managing the deceased's estate and distributing assets to the beneficiaries in accordance with the terms of the will, which involves acting in a fiduciary capacity similar to that of a trustee.
How can someone become an executor of an estate in the absence of a will?
To become an executor of an estate without a will, a person can petition the court to be appointed as the administrator of the estate. The court will typically consider the person's relationship to the deceased, their ability to handle the responsibilities of the role, and any objections from other interested parties.
How can someone become the executor of an estate after the death of the individual?
To become the executor of an estate after someone's death, you typically need to be named as such 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. This process involves submitting the necessary paperwork and demonstrating your qualifications to fulfill the role.
How do I appoint an executor of estate?
To appoint an executor of an estate, you need to include their name in your will and clearly outline their responsibilities. It is important to choose someone you trust and who is capable of handling the duties involved in settling your estate. It is also recommended to discuss this decision with the person you have chosen to ensure they are willing to take on this role.
What is the role of the executor of a person who died inter-estate?
To inventory the estate, pay off the debts and distribute any remainder in accordance with the intestate laws of the jurisdiction in question.
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.
How can someone file for executor of an estate without a will?
To file for executor of an estate without a will, a person can petition the probate court to be appointed as the administrator of the estate. The court will consider the person's relationship to the deceased, their ability to handle the responsibilities of the role, and any objections from other interested parties. It is important to follow the legal process and requirements set by the court in order to be appointed as the administrator of the estate.
What is the difference between an executor of estate and a power of attorney, and how do their roles differ in managing someone's affairs?
An executor of an estate is responsible for managing and distributing a deceased person's assets according to their will, while a power of attorney is appointed to make decisions on behalf of someone who is alive but unable to do so themselves. The executor's role is to carry out the deceased person's wishes, while the power of attorney's role is to act in the best interests of the person they represent.
Does an executor have the power of attorney to make decisions on behalf of the deceased individual?
No, an executor does not have the power of attorney to make decisions on behalf of the deceased individual. The executor's role is to carry out the instructions in the deceased person's will and manage their estate, but they do not have the authority to make decisions on the deceased person's behalf.
What is role of executor?
The executor of a will is the person responsible for making sure the wishes of the testator are carried out. They are responsible for paying off the debts and distributing the assets. They also have to pay taxes and file the appropriate reports with the probate court.
