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Can your mother who has no will and five children choose to have her second oldest child as her executor to distribute her estate?
Without a will, she gets no say in the matter. She should write a will to specify who she wishes to be responsible for the distribution. If she doesn't have a will, the court will appoint an executor. If the heirs don't agree on who that should be, they will appoint a bank or lawyer to serve in the position, getting paid from the estate for their services.
What else can I help you with?
What is legal age to be an executor of an estate in New York State?
In New York State, the legal age to be an executor of an estate is 18 years old. Any adult over the age of 18 can serve as an executor to manage and distribute the assets of an estate according to the deceased's wishes.
How long does an executor have to settle an estate in Texas?
In Texas, an executor typically has four years from the date of the decedent's death to settle the estate. However, it is recommended to address the estate as promptly as possible to avoid potential complications or delays in the distribution of assets to beneficiaries.
How long does an executor have to distribute a will?
The distribution shouldn't be made until the statutory period during which creditors can make a claim has expired. An executor must act efficiently and expeditiously in settling an estate. If you think things are not proceeding as quickly as they should then ask the executor and/or the attorney who is handling the estate for a status report. If you don't receive a prompt response then complain to the court. Depending on the complexity of the estate it can take a few months to two years or more to complete the probate proceeding.
Can a person who was living with your dad prevent his children from being appointed executor of his estate?
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.
Does executor of estate have right to keep house?
As the executor of an estate, you are responsible for executing the wishes outlined in the deceased person's will. If the will specifies that the house goes to a specific beneficiary, then you must follow those instructions. If there are no specific instructions, you may need to sell the house and distribute the proceeds according to the will or laws of the state.
Can executor who has grant of probate distribute the estate between other executors and beneficiaries?
That is the job of the executor. They have to inventory the estate, value the property, resolve debts and then distribute the remainder.
Is the executor responsible for distributing inheritance?
That is the job of the executor. To distribute the estate and liquidate the assets.
What is the executor of a will?
The executor of the will is the person appointed by the court to distribute the estate according to the terms of the will and the state probate laws.
A person appoints a child as executor of the estate. is executor of estate required to list assets after that person dies?
That is one of the duties of the executor. They have to inventory the assets and debts of the estate. Then they will be able to liquidate the debts and distribute the assets.
How do you find what an estate is worth?
That is the responsibilty of the executor. They have to value the estate before they can resolve debts and distribute the remainder.
Can the inheritors force the executor to sell assets?
No, they cannot force the executor to sell assets. The executor is responsible for closing out the estate and settling debts. Then the distribute the assets.
Does the executor of a will have rights to distribute the estate before the mom dies?
They certainly do not have the rights. The executor has no power while the testator is still living.
Can you be made executor to fathers will after he is dead?
You can apply to be appointed executor of your father's estate. The court will issue a letter of authority. You will be required to distribute the estate according to the intestacy laws of the state.
How can one appoint an executor of an estate in the absence of a will?
If there is no will, a court can appoint an executor to handle the estate. The court will typically choose a close family member or friend to serve as the executor.
Does an executor receive the estate?
The court appoiunted executor has control over the estate in order to pay taxes and debts and distribute the remaining property according to the will. The estate does not become their own property unless they are the sole beneficiary.
Does the executor of an estate receive payment for carrying out duties to distribute proceeds of an estate in Ontario Canada?
The executor is entitled to compensation for their time and effort. The court will approve the payment at the going rate.
Can an executor remove items from the estate?
Not for personal use, but in order to distribute and evaluate assets, yes.
