No, the job of the executor is to follow the directions of the will in settling the deceased's estate. Only a court can change a will.
No. An executor settles an estate according to the provisions in the will. A trustee manages a trust according to the provisions in a trust.A trust may be set forth in a will. In that case the will must be probated with the executor in charge of the probate of the will. Once the probate process is completed the court will allow the trusteeship and officially appoint the trustee. Then that trustee will manage the trust according to the provisions set forth in the will.
An executor is not the executor until appointed by the probate court. Go to the probate court and request the file. You can read the will and monitor what the executor has done. She must file an inventory with the court and will need to file an account when the estate is closing to show the court where all the assets went. She must follow the provisions of the will. If she is not performing her duties properly and with expediency you can request she be replaced with a new executor.
You are very confused about trusts and executors and mixing your terms. The decision to transfer your property to a trust is an estate planning tool. Property that has been properly transferred to a valid trust does not become part of the probate estate of a decedent because that property is owned by the trust. Property owned by a trust is managed by the trustee according to the provisions set forth in the trust. While trusts can determine the distribution of trust assets a trust cannot "appoint an executor". It doesn't need to because there is no estate in the trust grantor. An executor distributes assets under a will. The trustee distributes assets owned by a trust.Generally, an executor is the person named in a will to supervise the settling of an estate. If the estate contains any probate assets the will must be probated and the executor must be appointed by the court. Once appointed, the court issues Letters Testamentary in the executor's name. The Letters provide the executor with the authority to settle the estate. An estate that contains real property must be probated in order for title to the property to pass to the heirs legally. When a person has transferred all their property to a trust while living then there is no estate to probate at death.Now remember, executors are named in wills by testators and/or appointed by courts. Trustees are named by trustors in trust documents and manage trusts.
No, an executor of a trust is legally obligated to distribute the assets according to the terms specified in the trust document. Taking more than their entitled share would be a breach of their fiduciary duty and could lead to legal consequences.
In Florida, an executor does not have the authority to sell trust property. This responsibility falls to the trustee, who must follow the terms of the trust and state laws when selling trust assets. It is important for the trustee to act in the best interest of the beneficiaries and seek legal advice if unsure of how to proceed.
A trust doesn't have an executor. A trustee manages a trust according to the provisions set forth in the instrument that created the trust- the Declaration of Trust. You need to review that declaration to determine what the trustee can do and how.
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
Look to the instrument that created the trust for instructions for appointment of the successor trustee. Co-executors are not appointed for a trust, they are appointed by a court. You would need to petition the court to remove a co-executor.
A trust doesn't have an executor. It has a trustee. The trustee manages the trust according to the terms of the trust.
Trusts are managed by TRUSTEES not executors. You need to look to the language of the trust to see how a trustee can be removed. If there is no provision in the trust you will need to petition the court to remove the trustee and appoint a replacement.
A revocable trust has a trustee not an executor. If you want to know something about the trust you would need to ask the trustor. The trustor is the person who created the trust to hold title to their property.
Depends on the case. In the irrevocable trust or a trust after the person dies neither are revocable. If the executor doesnt act properly they can be removed by a judge. Once all of the funds are giving out of the will there is no longer a executor.
No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
First, the person with the legal authority to deal with trust property is a trustee. You need to review the terms of the trust for provisions that address removal and appointment of trustees. If there are no provisions in the trust then you would need to bring an equity petition in the court of jurisdiction asking the court to remove the trustee and appoint a successor.
No, the executor cannot sell property that is in a trust.First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.
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.