For probating the estate, the executor is usually instructed to send notice to the last know address and to publish a notice in the local newspaper.
However, as a practical matter, there are people who do that type of research. Also, you should ask family members, distant relatives, old friends, neighbors, former employers, class reunion organizers, etc., to see if anyone has any idea where he might live. You can search online and at websites such as Ancestry.com. Probate lawyers usually have some experience and associates who can do more thorough search.
Yes, it is possible for an executor of a will to also be named as an heir in the will. However, it is important for the executor to fulfill their duties impartially and in the best interest of the estate and other beneficiaries to avoid any conflicts of interest.
The heir of a will can typically obtain a copy of the will by requesting it from the executor of the estate or the attorney who handled the will. If the will has been filed with the probate court, the heir can also request a copy from the court where the will is being probated. Alternatively, the heir can hire an attorney to help obtain a copy of the will.
No, one heir cannot legally evict another heir from their shared inheritance without following proper legal procedures. Each heir has rights to the inheritance and must be treated fairly and within the confines of the law. If there is a dispute, it is advisable for the parties to seek legal advice to resolve the issue.
Yes, in most cases, an heir can request a copy of a will from the executor of the estate or the probate court once the will has been filed for probate. It is important to follow the proper procedures and protocols for requesting and obtaining a copy of the will.
If the individual is still living, unless you ask them and they agree to answer, there is no requirement that they reveal this information in advance and no legal way for you to pursue it. However, after the person is deceased and the will is presented for probate, if you are named as an heir you must, by law, be notified.
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.
The heir's cannot appoint an executor. They can recommend one to the court, but the court decides.
An heir may decline to accept an inheritance. The executor then has to distribute the assets per the will.
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
Yes, in many cases the executor is a family member and heir.
Yes, it is possible for an executor of a will to also be named as an heir in the will. However, it is important for the executor to fulfill their duties impartially and in the best interest of the estate and other beneficiaries to avoid any conflicts of interest.
Yes. Anyone with an interest in a decedent's estate can do so. An heir would be such an animal.
The executor is often a beneficiary of the will. They have to show the court a complete accounting of the estate. This means the judge has to validate that they aren't taking more then they are entitled to.
The executor of an estate is responsible for the assets of the estate. That means they can bring a lawsuit on behalf of the estate. So, yes, they can accuse or even sue an heir for damaging property.
Whomever files to be the executor. The estate can be opened by any heir or beneficiary, or even a debtor.
They should be reported to the court immediately. The court can replace an executor who fails to perform their duties responsibly.
It makes a lot of sense to make them the executor. It is very common for the spouse to serve in that capacity.