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What can you do if the other executor does not want to act?
You should submit a petition to the court to have the co-executor removed. Explain your reasons clearly and provide evidence of examples of their failure to perform their duties.
Does the original executor have to be notified if a new executor has been named?
Yes. The court will notify the original executor they have been removed although they should already be aware there are problems with their fulfillment of their duties. If they didn't request to be removed as executor then the beneficiaries requested their removal. They are required to file an account detailing their activities regarding the estate assets. The original executor does not have to be notified if the situation is one where a person during his/her lifetime makes a new will in which a new executor is named.
If the executor is abusing their authority or failing to perform their duties properly can they be removed?
Yes. Until an executor is appointed by the court they have no power or authority. Once appointed they are obligated to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. An executor who abuses their authority or fails to perform their duties with honesty, integrity and expediency should be reported to the court. They can be removed and replaced and are personally liable for any damages caused by their actions.
How do you change the executor of an estate if the designated executor is not fulfilling his duties?
You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.
You were listed as an executor on a will and do not wish to fulfill those duties how can you be removed?
Simply tell the court you don't wish to serve. They will appoint someone else as the executor. If there are no family members willing to serve, the court will appoint an attorney or bank to do the work.
What is the legal recourse if the executor of a will does not fulfill their duties in wa state?
Petition the court to replace the executor.
What is the remedy when an executor withholds property?
A court appointed executor must settle the estate with as much expediency as possible. When the executor acts in an unreasonable manner a complaint an be filed with the court. The court will hear the evidence and if it decides the executor is not performing their duties appropriately it can issue a court order to compel the executor to act. If the neglect continues the beneficiaries can request the executor be removed and a successor appointed. You should speak with the attorney who is handling the estate.
How do you pass your car driving test in the UK?
By preforming all duties to proficiency.
What are the duties of the executor to find assets which may have been taken by fraud or deceit?
That is one of their duties.
What if executor refuses to pay siblings on legal will drafted by an attorney very clear as to money being paid exactly as per will. Executor has history of abusing siblings Refuses to obey.?
First: A person is not an executor until they have been appointed by a court. Once appointed, the executor is under the jurisdiction of the court and can be reported and removed for a failure to carry out their duties quickly, efficiently and according to the law. You should petition the court to remove and replace the executor.
When should an executor of an estate know they are appointed executor?
When the testator has passed away. That is when their duties begin. The first thing they have to do is file with the probate court to be appointed as executor.
If there are joint executors can one executor have the other removed?
Yes. However, the first executor would need to have just cause to be successful in a petition for the removal of the other executor. Factors the court will consider include but are not limited to the following: neglect of duties, waste of assets, lack of cooperation with co-executor, unwillingness to act responsibly and effectively. The court will review the matter and decide if it would be in the best interest of the beneficiaries to remove that co-executor.
