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Your details are all mixed up. An executor handles the estate of a person who has died. Heirs are the individuals who are entitled to inherit the property of a person who has died. A Power of Attorney allows one person to act on behalf of another LIVING person. A trustee is the person with the power to act for a trust. Any fiduciary has the responsibility of not wasting any assets.
What else can I help you with?
What is a Fiduciary deed?
A fiduciary is a person who has the legal authority and responsibility to act for another. Fiduciaries are in a special position of trust and governed by laws that define their authority and provide penalties when they misbehave. Examples of fiduciaries would include trustee, executor, conservator, guardian, attorney in fact, agent, personal representative, etc. A deed from any person acting as a fiduciary is a fiduciary deed.A fiduciary is a person who has the legal authority and responsibility to act for another. Fiduciaries are in a special position of trust and governed by laws that define their authority and provide penalties when they misbehave. Examples of fiduciaries would include trustee, executor, conservator, guardian, attorney in fact, agent, personal representative, etc. A deed from any person acting as a fiduciary is a fiduciary deed.A fiduciary is a person who has the legal authority and responsibility to act for another. Fiduciaries are in a special position of trust and governed by laws that define their authority and provide penalties when they misbehave. Examples of fiduciaries would include trustee, executor, conservator, guardian, attorney in fact, agent, personal representative, etc. A deed from any person acting as a fiduciary is a fiduciary deed.A fiduciary is a person who has the legal authority and responsibility to act for another. Fiduciaries are in a special position of trust and governed by laws that define their authority and provide penalties when they misbehave. Examples of fiduciaries would include trustee, executor, conservator, guardian, attorney in fact, agent, personal representative, etc. A deed from any person acting as a fiduciary is a fiduciary deed.
Does a lawyer have a fiduciary duty to only the executor of estate or all the beneficiaries of said estate?
The attorney has a fiduciary-client relationship with the executor. Note that if a beneficiary believes they have a valid cause of action against the executor for mishandling the estate the beneficiary must retain their own legal representation. The attorney who is handling the estate will represent the executor.
Can an estate executor sign over responsibility to the estate attorney in Tennessee?
The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.
Can executor who is beneficiary and power of attorney take money for peronsal use before death of grantor?
No. That would be a breach of their fiduciary duty.
What is the responsibility of a executor of a will to the beneficiaries when a will is contested and what is the right of the beneficiaries to interface with the attorney appointed to defend the will?
The beneficiaries are not entitled to talk to the attorney, their attorney should do that.
Can next of kin give power of attorney to another relative for another dying kin?
A Power of Attorney is extinguished when the principal dies. After a person's death a new type of fiduciary must be appointed by the court: an executor if the decedent left a will or an administrator if they died intestate.
What is your responsibility as next of kin to a cousin who has just died?
Unless you had been assigned their Power of Attorney (while they were alive) or named as their Executor, you have no legal obligation or responsibility.
Can an executor knowingly leave a recipient out of the will?
Not without breaching his fiduciary duty to the estate.
Can an executor borrow money from the estate?
Not without breaching their fiduciary duties. It would be irresponsible of the executor to do so. It could land them in trouble.
Can the executor of a will change the parents will to suit one of the daughters?
Absolutely not. The executor is bound by law to follow the law in administering the estate. If they have altered the will they have breached their obligation as a fiduciary, should be reported to the court and removed immediately. Altering the will is a serious offense. A new executor should be appointed. You should also report the breach to the attorney who is handling the estate.
Can power of attorney and main beneficiary borrow money from estate?
No, of course not. A power of attorney does not grant access to the principal's assets for your own personal use. That type of action by a fiduciary is against the law.If the principal is deceased the power of attorney is extinguished.No, of course not. A power of attorney does not grant access to the principal's assets for your own personal use. That type of action by a fiduciary is against the law.If the principal is deceased the power of attorney is extinguished.No, of course not. A power of attorney does not grant access to the principal's assets for your own personal use. That type of action by a fiduciary is against the law.If the principal is deceased the power of attorney is extinguished.No, of course not. A power of attorney does not grant access to the principal's assets for your own personal use. That type of action by a fiduciary is against the law.If the principal is deceased the power of attorney is extinguished.
Can your attorney friend be your will executor?
Yes, an attorney is often used as executor. The court will often appoint an attorney if no one else is available.
