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You can file an objection to the appointment of the executor during the period reserved for such objections in your jurisdictions. If you think the court appointed executor is not performing their duties properly you can file a motion with the court to have the matter reviewed.
What else can I help you with?
Can heirs contest the sale of the home by the executor?
They may be able to contest the sale. However, the executor has the responsibility to settle all debts. The home may have to be sold to pay off the debtors.
Can an executor who is also a beneficiary contest a will he is executing?
Generally, a will contest is filed when notice has been given that someone has petitioned the court to have the will allowed and appoint an executor. An executor is not appointed until the will is allowed. If there is some dispute as to the validity of the will an executor will not be appointed until the court makes a decision whether or not to allow the will. So to answer your question, until the will is allowed by the court there is no executor. After the will is allowed and an executor is appointed, it's too late to contest the will. Sometimes information becomes available after the will has been allowed such as a later will found. That is another category of court action.
If the Will contest is dropped placing the Executor as the sole Owner can they refuse to take possession and continue to act as Executor for the Deceased?
The construction of your question reveals much confusion regarding the probate process. The withdrawal of a Will contest does not make the executor the owner, it allows the court to appoint the executor. A person is not the legal executor until they have been duly appointed by the probate court. Once appointed the executor has the authority and responsibility of settling the estate without any interference by the beneficiaries.
Is trying to remove an executor from a will considered contesting the will?
Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.
Does a executor have the power to make a decision when 4 people out of 5 agree?
The executor always has the power to make the decision. They do not need to have anyone agree with them. Though the court may be able to contest their decision.
Can you contest who is executor of a will before it is probated?
Certainly you can contest it before and even during the probate period. The court is then likely to appoint a neutral party as the executor. They usually go with an attorney or a bank.AnswerGenerally, when a will is presented to the probate court to be proved and allowed the person making the petition is also petitioning to be appointed the executor. The court will order that notice be provided to all interested parties by mail and by publishing. If any wish to object to the allowance of the will or the appointment of the executor they must pay close attention to the date of the hearing stated in the notice. Objections must be made within a certain time period that varies from state to state. The court will hear the objection and render a decision. Once the period for objection has passed and the executor has been appointed it is too late to object to the appointment of the executor.
Is it worthit to contest a will that the executor was to split between 5 children but decide to keep it all because she is the survivor?
I would think that she cannot do what you are saying if there is a valid Will in place. So, Yes... contest it.
Can you contest the executor fee?
Executors have a big responsibility and do a lot of work behind the scenes that the beneficiaries don't generally realize. Executor's fees are set by statute for that reason. Greedy or angry beneficiaries wouldn't pay them if they weren't required to.
Can a brother contest his sister for selling their parent's house and not sharing the profits with him?
That depends on lots of factors. If she is the executor of the estate , and the house is not explicitly addressed in a will, she can sell it and distribute the proceeds according to the will. You can always contest the actions of the executor. If she was left the house by terms of a will, you are not entitled to any of the proceeds. If you and she were left the house together, then you are entitled to a portion of the proceeds, and to a say in whether or not the house is sold in the first place.
Can you file a civil lawsuit on a probate matter?
Yes, you can bring a civil action regarding a probate issue. This is often done to contest a will or hold an executor accountable.
Can unsecured debt be contested by an estate?
The executor of the estate can contest the debt. One of the things they must do is validate that all debts are accounted for and valid. Only then can they determine how to distribute what is left.
Can executor pay her daughter to paint the house to ready it for sale?
Usually, yes, however, the executor is running a risk. An executor is not prohibited from hiring a relative merely because she is a relative. However; the executor may not pay that her more than the job is worth. No sweetheart deals, even if the daughter is a sweetheart. But that type of transaction is subject to challenge since it is inherently a conflict of interest for an executor to hire relatives to do things. The beneficiaries have the right to contest the amount paid if that amount is unreasonable or if the job done is substandard. If the executor overpays or gets a sustandard job, he risks having to reimburse the estate for the difference between what he would have paid to a professional and what he paid to his daughter.
