It means that if she takes any of the money from the estate you will have to try to get it back from her. With a bond, the bonding compay pays and then goes after the sister. It is a very good idea to insist on a bond regardless of what the will says if there is any substantial amount of money involved. lwpat * When the will indicates "waiver bond" it means the person who is making the will has released the executor or executrix from the obligation of posting a bond to secure the estate during the probate procedure. Although obtaining a security bond is a good source of protection for all parties involved, it often creates animosity amongst family members as it is sometimes viewed as a sign of mistrust.
Bryce is her sister and Seth is her brother.
The Susan G. Komen Foundation was started by her sister Nancy Brinker, Ambassador and Chief Protocol Officer of the United States.
I assume from here [United States]They italian Abruzzes and sicilian
Legally your parents can keep you in the house until you are 21, but if your parents sign a special paper you can move out when you are 18
Well darling accidents do happen.....it depends in which state you are in... I do believe in most states, they can sue your parents for liable damage. Of course your parents insurance will go up higher. Also it depends on how the police will handle as well. Maybe your parents and the person can come to an agreement of not involing the insurance and police and pay for the damage. As for you.. it is up to your parents. Now that is in most states. You can however contact your local police department not (911) and tell them you have an general question that needs to be answered. I hope I have answered your question.
That depends on the laws of the state of probate. Some states allow attorneys fees as a reasonable fee for defending against the removal action. In a way, the fees were spent protecting the wishes of the decedent that you be the executrix. You might not be able to charge all of the fees to the estate, only a reasonable amount. So be sure not to overpay or the court might have you pay for any extravagant amounts.
To appoint your sister as the executrix of your dad's estate, you can write a formal letter addressed to the probate court expressing your intention. Include your reasons for choosing your sister, her qualifications, and your confidence in her ability to fulfill the responsibilities. Be sure to sign and date the letter and have it notarized before submitting it to the court.
Yes, that person can be audited or made to account for what was done under the POA. The practical problem is that the executrix of the estate is the one normally exclusively entitled to demand an accounting from the former POA holder and it is not likely that she will provide an accounting unless ordered to do so. A beneficiary of the estate would have standing under those circumstances to file an action in court to get a court order directing the executrix to account for what she did under the POA. Most states have no automatic requirement for an accounting by a POA holder the way they might have automatic requirements for an executrix to account. This is why the beneficiary might have to go to court.
Your sister is probably the "Executrix" of the Will. Men are called "Executors." If you know the name of the lawyer handling this, then you can make an appointment with the lawyer (as long as you are an heir in the Will.) By law, heirs in the Will are suppose to get a copy of that Will. If you aren't sure who the lawyer is, then you will have to hire a lawyer and they will get a copy of the Will for you and you can go from there. Even if you aren't in the Will, you can request that you want to "contest the Will." This can hold up the disbursement of the Estate for 3 years or more and I highly doubt your sister would want that. Good luck Marcy
Your aunt's estate must be probated in both states in order to pass title to you legally. The will must be filed in the state of primary residence and the executor appointed by the court. Then some sort of ancillary probate will need to be filed in the other state where she owned real estate. You should discuss it with an attorney who specializes in probate law and who can review your situation and explain your options in each state.
NO, until you are of legal age (in all states it is 18) and your parents have custody you can not do this, if you have reason and your sister can afford it you can ask your sister to have a custody hearing to switch and then you can.
That is their responsibility in all states. They represent the estate in the sale of the estate's property. They will need a letter of authority to do so.
Yes , your sister can decide to live with you if she of legal age. In most states you have to be 18 to decide who you will live with. If she is a minor this is up to your parents or the court to decide.
The parents are entitled to the estate if there are no descendants and no spouse. the court will appoint an administrator if there is no will. The intestacy laws vary some between states, so check the laws for your state. In some siblings may be entitled to some portion of the estate. Consult an attorney for more specifics.
Yes there is. An Executor (male) Executrix (female) who is doing a poor job or cheating or stealing from the said property of the deceased can indeed be taken off the Will, but you will have to see a lawyer about this and prove it. Be very careful with this accusation and learn about Probate, and what the duties of an Executor/Executrix. You can find out by going on www.google.com and asking "What are the duties of an Executor regarding a Will?" Here is a quick scan over what their duties are (I've done it.) For instance, if there are 2 or more heirs in the Will, they can vote re ousting out the Executor/Executrix. **If the heirs are the children of the deceased they have the right to go onto the property and retrieve any personal effects of their parent(s). The Executor/Executrix cannot stop this! DUTIES OF EXECUTOR/EXECUTRIX Once the person is deceased the Executor/Executrix has the right to pay off things like funeral costs, etc., and small bills such as Hydro, electricity, phone, cable, outstanding charge card balances, etc. However, they MUST KEEP RECORDS! Then the Will goes to Probate. Probate makes sure that all house/personal taxes are paid as well as any other outstanding debts such as mortgages, back taxes on home/property, etc. If the Estate is small to average the Executor/Executrix has the right to either do this on their own (you can get the forms) and it's much cheaper and usually quicker than a lawyer doing it and not as hard as lawyers would have you believe. If the Executor/Executrix decides to this they have to account for everything in the said Will and ALL expenses they have had since that person's death. The Executor/Executrix can sell the home, but should give the heirs a chance to decide if one of them wants to buy that house or property outright. Once the house/property is sold that money goes back into the Estate and divided according to the wishes of the deceased. The Executor/Executrix can also sell a car, motorcycle, boat, etc., but, if one of the heirs would like to buy it they should have that option and proceeds go back into the Estate to be equally divided by the said heirs. THE EXECUTOR/EXECUTRIX CANNOT CHARGE GAS, USE ANY MONEY FROM ANY ACCOUNT OF THE DECEASED FOR THEIR OWN PERSONAL GAIN ... SUCH AS BUYING SOMETHING FOR THEMSELVES. In some Wills a person will leave anywhere from 2% - 5% or possibly more of the entire Estate to the Executor/Executrix for their time and effort. If it isn't stated in the Will, the heirs don't have to give them anything, but should if they feel a good job as it can be time consuming processing a Will. Usually 3% is fair, but depends if it's a small or large Estate. I would highly suggest you see your lawyer. Good luck Marcy * Probate laws differ in each state. Therefore not all such acts noted are legal in all US states. For example, in many states no property regardless of what the item may be can be taken, sold or distributed until permission is granted by the probate court. In other states any property that is exempted from probate can be distributed to family members or heirs as it is not subject to creditor action in case of outstanding debts. In most US states the only way an executor, executrix or personal representative can be removed is by a bringing suit in probate court charging said persons with misappropriation and mishandling of the estate. Removing a fiduciary is damaging to the estate and is rarely allowed by the court. And of course the accused party has the right to defend themselves and so on and so forth, in other words it is time consuming and usually very expensive. This is the reason it is not prudent to waive bonding of an executor or executrix even if the grantor prefers to do so.
File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.
Unless specified in the will, yes. Most states have a specific fee the executor is allowed to collect.