Often they have to have your sign off in order to get their appointment papers.
Upon your father's death you will need to file his will for probate. In the usual order of business the court reviews the will to make certain it meets the technical requirements for a valid will in your state. If the will is found to be valid, it's allowed and the court appoints the person named in the will as executor as long as they have not declined to serve. Others may file objections to the appointment of the executor at that time but they would need to provide compelling evidence to the court that the named executor should not be appointed.
You don't unless they tell you. There is no requirement for them to tell you. When the will is brought to probate after the testator's death, the court requires that all beneficiaries of the will be notified. Until then, you simply don't know.
Probably. Where the will was executed is irrelevant. The only issue is where did the testator die? If the testator died as a resident of Michigan, the will has to be probated in Michigan. If the testator died as a resident of Ohio, the will has to be probated in Ohio. If the named executor, or the person to serve as executor with the will annexed in the absence of the named executor, is not an Ohio resident, s/he may have to designate a "resident agent," usually the lawyer handling the estate.
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 executor has no right to see the will prior to the death of the testator. The testator may provide the named executor with an unsealed copy or allow the named executor to read the will but that would be entirely voluntary on the part of the testator.
You need to submit the will to probate court for allowance and ask to be appointed the executor. If there is a different executor named in the will they may need to sign a declination.
If you already have a named executor, there is no need for a lawyer.
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
You can always ask the testator if you are in the will. If they are deceased you can ask the executor. They would have to tell you if you are.
Yes, accepting the role is 100% voluntary.United StatesYes. The named executor can file a declination and the court will appoint another person as executor. Once appointed an executor can file a resignation if they cannot continue as executor.
Yes, an executor can also be named as a beneficiary in a will.
No. If one is not named in the will the court will appoint one if necessary.
To become the executor of an estate after someone's death, you typically need to be named as such in the deceased person's will. If you are not named in the will, you may need to petition the court to be appointed as the executor. This process involves submitting the necessary paperwork and demonstrating your qualifications to fulfill the role.
The person named as the executor of a will does not need the signature of siblings to perform this function UNLESS they too are named as executors in which case the signatures of ALL the executors are required to dispose of the estate.
Answer: You need proof of death to file a petition for probate.
To become the executor of an estate, you typically need to be named in the deceased person's will. If you are not named in the will, you may need to petition the court to be appointed as the executor. The court will consider factors such as your relationship to the deceased, your ability to carry out the duties of an executor, and any objections from other interested parties. It is important to consult with a legal professional to understand the specific requirements in your jurisdiction.