Probate

Only a court can remove an executor and appoint a successor executor. A trust document should provide for the appointment of a successor trustee. If it doesn't the court will appoint one if asked to do so. Those two offices and issues are separate.

Sometimes people who make up their Wills will have a clause pertaining to this very subject, but most never do. I have it in my Will for my Executrix. It's generally 1% - 5%, but if you go for 4% - 5% it could be questionable by the courts and reduced. I'd go for an even 3%.

I was assigned to be personal representative of my friend who six months ago passed away in Maryland where I was taking care of him. He is a legal resident of Florida and I filed his Will and Death certificate in Florida. I also distrubited gifts to his children. How do i obtain a letter so I can file taxes and close out the estate legally?

Yes, the executor can sell the house. It will become a part of the estate and will escheat to the state if there are no beneficiaries.

No, you do not. Frequently in small estates executors who are not lawyers fulfill the duties of an executor without retaining a lawyer. You do not need to hire a lawyer in order to get a will probated and become the executor officially if you can do the initial paperwork on your own. After becoming executor, you may wish to consider retaining one in order to be sure you comply with all laws governing the administration of the estate.

First, the executor must be appointed by the court. The executor must dispose of the estate assets according to the provisions in the Will. It is common for the power to sell real estate to be granted in the Will. If not, then generally, the executor must obtain a license from the court. In some states the executor has inherent power to sell real estate.

Generally, the executor does not need permission from the beneficiaries to act. They derive their authority by their court appointment and under state laws that vary from state to state.

yes Answer: Not if the estate was filed in the probate court and she was the duly appointed executor. An executor can't operate in secret if the other interested parties are on their toes. That would be grounds for removal and besides that, everything an executor does is public information. At several stages in the administration of the estate the executor must provide proof of service to the court. That means that the executor has to prove to the court that she provided notice of her activities to the interested parties. Also, probate records are PUBLIC records and anyone can go to the probate court and inspect the papers in the file. If you can't go yourself, you could call the appropriate court and to request copies of any documents filed.

Yes. You should be keeping good records of all the payments you have made including each bill and a copy of the check used to pay it. As soon as the property is sold and before the final accounting for the estate is filed with the court you should submit your claim for reimbursement to the executor and the court.

They absolutely can not change the will. They do not hold the power to do such a thing. Their only job is to be responsible for and/or carry out the individuals last wishes made within the will in the exact way the will states.

No. Not if properly created for your jurisdiction.

No. Not if properly created for your jurisdiction.

No. Not if properly created for your jurisdiction.

No. Not if properly created for your jurisdiction.

You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.

You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.

You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.

You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.

Notify your state attorneys office. Especially if it is an elderly person. The laws are now very strict. Also, was the power of attorney drawn up through an attorneys office or was it just signed and notarized by both parties. If through an attorneys office, contact them and let them know. You can also go to the courthouse and ask them what you would need and the proper wording - to request a hearing in front of a judge. Usually you just type up a paper and file with the court then they will assign a court hearing in front of the judge with all parties involved within a few weeks. Does the person who assigned the power of attorney know that abuse of this power is occurring? If a close family member you could also try going to them and having them sign a document overturning the power of attorney. It would have to be signed and notarized by both parties.

An executor in New Jersey receives compensation in the form of commissions on the date of death value of the estate and on the income earned by estate assets after the date of death. The rates are: 5% on the first $200,000.; 3.5% on the next 800,000; 2% on the excess over $1,000,000. A court may adjust these percentages somewhat depending on what is defined as the "pains, trouble and risk" the executor is put to in order to handle the estate. In addition, executors get 6% of all income earned by the estate assets. Income includes all post-death dividends from stock, interest on bank accounts and rents from real property, if any. Executors can also get reimbursed for legitimate expenses, but may not charge by the hour for the work that is done.

You haven't provided enough detail such as whether it was your usual residence but there are circumstances where the executor could charge rent if one heir is using the premises and creating expenses for the other heirs.

You haven't provided enough detail such as whether it was your usual residence but there are circumstances where the executor could charge rent if one heir is using the premises and creating expenses for the other heirs.

You haven't provided enough detail such as whether it was your usual residence but there are circumstances where the executor could charge rent if one heir is using the premises and creating expenses for the other heirs.

You haven't provided enough detail such as whether it was your usual residence but there are circumstances where the executor could charge rent if one heir is using the premises and creating expenses for the other heirs.

No. An executor, onced appointed by the court, has complete and uninhibited access to the decedent's assets. Therefore the executor derives some benefit from the will and should not be a witness. If the other witness should be unavailable to testify regarding an objection to the will the executor as the sole available witness would cause the will to be exposed to challenges.

You apply to the probate court. They will provide a letter of authority.

Probate timeframe is always case by case. Because of the long wait most heirs experience during probate, several niche financial firms -- such as www.HeirAdvance.com, www.InheritanceAdvance.com and www.InheritanceNow.com -- have been around for nearly 25 years providing Heirs and Beneficiaries with an inheritance in Probate or Trust, with an Inheritance Cash Advance assignment. This is commonly known as "an Inheritance Loan", "Probate Loan", "Trust Fund Advance", or "Trust Loan".

Yes. As long as they still have legal capacity, a testator can make changes to their will by executing a codicil which is a new document that is attached to a will. If the changes are substantial or made multiple times it is better to execute a new will and destroy the old one.

There is no reason that the executor cannot lease estate property. As long as they get a fair market price for the lease. They would then be able to use the money to pay debts and taxes as well as maintain the property.

Go to the probate court and ask to be appointed the executor. In most places there is a simple couple of forms to fill out, including a listing of all possible beneficiaries.

Aggie80 Probate Attorney

The executor of a will is the person responsible for making sure the desires of the will are carried out. They are responsible for paying off the debts and distributing the assets. They must inventory the assets of the estate and have them valued. They also have to pay taxes and file the appropriate reports with the probate court.

In most states, the surviving spouse can "take against the will" if the estate is of a certain size or if no provision is made for the survivor. There is often a limit to the time the survivor can use the real estate or the amount that can be claimed.

Once a will has been presented for probate anyone can obtain a copy from the probate court file.

Generally a joint bank account is held as Joint Tenants With Right of Survivorship (JTWRS or JTWROS). Upon the death of one account holder the funds of that person pass directly to the other joint holder(s) and are not subject to probate procedure. State laws determine bank account ownership rights, when the signature card does not designate how the account is held the state default laws governing the issue usually apply.

There are several reasons. First, the executor is required to collect all assets of the decedent quicjkly and this usually entails liquidating existing bank accounts and securities, which must be put into an estate account. Commonly, an estate checking account and an estate savings account are opened depending on the amount of money involved. Second, an estate account is needed, because as of the date of death, the decedent's accounts are probably frozen depending on state laws. Not even the executor or attorney-in-fact can use a decedent's bank accounts as an estate checking account. The executor may take the appropriate amount out of the decedent's personal accounts, but only to transfer it to an estate account for use for estate purposes, not to make estate related payments. An estate account is necessary because the executor needs to pay for the funeral expense, administration costs and debts. Since, the decent's personal accounts may no longer be used, payments must come from a proper estate account in the name of the estatte with the executor as the person with authority over the funds.