Generally, the status of a person as a "sibling" is not relevant. What is relevant is whether that sibling is or is not a beneficiary under the will. An executor has an obligation to give information to the beneficiaries of the estate as named in the will, not to all the decedent's relatives. If a sibling (whether it is a sibling of the decedent or of the executor) has no interest in the estate, he/she has no rights to information about the estate. In some jurisdictions, an executor might be required to simply give that sibling notice of the probate of the will, even if the will gives that sibling nothing, but only if that sibling would inherit some part of the estate in absence of the will. As with all legal questions, the specific answer may differ from state to state depending on that state's laws. So you must check those laws to get the precise answer.
No. An executor cannot take his fees from one beneficiary's share of the estate. He must follow the instructions in the will. He must perform his duties honestly and according to the law. The debts and costs of probating the estate come out of the assets first. If there is not enough left to pay the full amount of the legacies then they must be pro-rated equally. The executor cannot discriminate against one beneficiary.
In Texas, if the executor of a will is incarcerated for a felony, they may be disqualified from serving as executor. It will be up to the court to determine if a new executor should be appointed to handle the estate administration.
No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.
Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.
An administrator with will annexed is an administrator (appointed by the court) who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve.
Yes. There is a lot of work and responsibility involved in being the executor of an estate. The one sibling/beneficiary who is appointed should not be reqired to work for the other beneficiary for free. In some cases the executor may not charge the statutory fee, however, they should not be expected to work for free. The executor fee should be paid from the estate. If one of two sibling is inheriting real estate then they should make a cash contribution equal to one-half of the executor's fee.
Yes, the executor of the estate can make decisions such as this. it is usually best to talk it through if you are on good terms with your sibling.
They do have that ability to have them removed. The property belongs to the estate and the executor is responsible for it. They can rent or sell the property.
yes he/she is allowed
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.
You select a person that you trust. Often people will make their spouse or sibling an executor. Others prefer to leave it in the hands of a bank or lawyer.
The executor has no power while the person is living. Until they are appointed by the court, they have no power.
The executor or administrator of the estate should sue those people for the wrongful taking of the decedent's money. If the sibling who stole the money is the executor or administrator, you can bring an action in the probate court to have that person removed as executor or administrator and have another person appointed who would sue for the return of the money.
The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.
They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.
That's the decision of the executor of the estate. If the other siblings want to keep the property, they would have to pay the other for their share.
The executor has no duty to his own family members. His duty is to the estate and the probate court.