Can I claim my fathers ashes
The probate court will appoint an executor. It is often a family member or a neutral party.
The executor is the person that performs the last will and testament of a recently deceased person. The executor is usually named in the will. It can be a family member, a legal representative, or anyone that the person chooses.
The information should be available to all family members who are the beneficiaries of the policy or are affected by the probate of the deceased person's estate. If the person withholding the information is the Executor of the estate, that person does not have the right to withhold this knowledge from the beneficiaries of the policy. Notify the probate court of this,
If at the time of death of the testator the named executor is deceased the court will appoint a successor. Another family member can petition to be appointed the executor or the family can nominate a successor who must be appointed by the court.
There is a distinction between money the executor receives as compensation for administering the estate and money the executor receives as an inheritance. The fees are taxable income, the inheritance is not.
You apply to the probate court. There is normally a package of documents that have to be filled out and submitted to the court. Consult a probate attorney for specifics.
The executor of the will has the ability to sell property of the estate. They may have to in order to pay off the debts of the deceased. The value of the property after the debts are cleared would be split between the family members.
Multiple executors usually causes problems. A single executor is better in my opinion and I would word it that way in the will, even if several alternatives are listed.
Yes, in many cases the executor is a family member and heir.
The account should be presented to the executor of the estate (not just a family member) before payment. That is, unless the deceased paid the bill before dying--then it goes through.
Executor fees are set by law. The family does not have to sign off on them.
Yes, it is very common that a member of the family be named as executor.