Probate

Yes. You can notify the court that the executor has died and request that you be appointed the successor.

what is a reasonable executor fee in new mexico

A maximum of 5%, but that can be contested by beneficiaries if they are under the impression the estate did not require a lot of work to administer.

The maximum is established by law. The executor determines the fee and gets it approved by the court.

An executor has no authority until they have been appointed by the court. The will must be filed for probate so that the court can examine it to make certain the will is valid. At the same time they have submitted the will for probate the named executor must petition to be appointed the executor.

If you mean to say there were physical changes made to the will then you can attend the hearing and object to the will. You can address your concerns to the judge. If the judge sees the will has been "changed" it will not be allowed. If you mean to say the will has not been filed for probate then the executor has no power or authority. Someone else can file the will for probate and request to be appointed the executor. No one but a judge has the power to change the provision's of a testators Last Will and Testament.

If your step brother is named the executor of your father's estate, he can divide things up as he sees fit. If you really think he is being unfair, you can get a lawyer and take him to probate court.

No. Only the court can appoint a co-executor. Appointment of co-executors is routine if co-executors are named in the Will. The court generally appoints those who are named unless objections to the appointments are filed. If the executor finds they need help they could petition the court to appoint a co-executor or an agent, depending on the jurisdiction. The court would review the petition and render a decision. On the other hand, if the appointed executor cannot handle the task the court may appoint a successor.

If the wording of the ownership on the title/deed is correct. properly worded, and lawful for that particular state, AND the money is in a joint account with the spouse, they should pass to the surviving spouse without probate. Best thing to do would be to contact your local Bar Association or Legal Aid Office and give them the specifics. Such a consultation for such a simple question should be very inexpensive and even cost free.

No. Your closest relations are your parents and your children - you are separated by 1 degree of separation. To get to your sister, that's 2 degrees (up to mom, down to sis). When determining degrees of separation, you always have to work back to the common ancestor and then down to the person, and each step is a degree.

A sibling cannot appoint himself the administrator of an estate. Only the probate court can make that appointment. He needs to petition the court to be appointed and if you have objections you can submit them to the court. There will be a hearing and the court will review your objections. Another sibling could request appointment and the heirs could voice their approval of that other sibling as administrator. The court will render a decision after considering the testimony and appoint the administrator. Only a court appointed administrator has legal authority to settle the estate.

You should consult with an attorney who specializes in probate who can review your situation and explain your options.

fraudulent misrepresentation.

negligent misrepresentation.

innocent misrepresentation.

no

No. A will must be examined and approved by the court. If the will is lost the estate will be distributed as an intestate estate according to the state laws of intestacy.

yes. that would make u the sole beneficiary.

In order to get an answer to this question you must provide the details of how exactly you "placed mothers house in a Life Tenancy with me as the care giver". It must have been done through a deed and you need to provide the details. Whoever owns the real estate can sell it as long as the life estate holder consents in writing.

§ 34-11-18 Meaning of quitclaim covenants. - In any conveyance of real estate the words "with quitclaim covenants" shall have the full force, meaning, and effect of the following words: "The grantor, for himself or herself and for his or her heirs, executors and administrators, covenants with the grantee and his or her heirs and assigns, that he or she will, and his or her heirs, executors and administrators shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons claiming by, through, or under the grantor."

Your brother already has enough going on. The duties of being executor would be too much. Someone else in the family should petition to be appointed executor and your brother should decline.

An estate that includes real estate must be probated in order for title to pass to the heirs. Until the estate is duly probated you don't own the property legally and cannot execute a valid deed. An attorney examining the title to the property for a proposed buyer would insist the estate be probated in order to pass clear title.

The daughter now owns the bank account and everything in it.

The estate representative should be reported to the probate court immediately for abusing their authority. They should be removed and a new executor should be appointed.

If your father is living you are not entitled to a copy of his will. If he is deceased and his will has been filed for probate you can obtain a copy from the court. Once a will has been filed it becomes a public record.

It is up to the brother. Most state probate codes allow the executor to charge a fee for their services. Executor duties and responsibilities can take up a lot of time. If there are only two beneficiaries, that will cut down on the executor's tasks somewhat. The brother should keep detailed time sheets for any time spent on estate matters and a deteiled account of any money spent on parking, postage, copying or other costs. The brother can then decide toward the end of his duties whether he wants to charge the estate or not. The executor's fee is a cost of the estate and should be paid before any assets are distributed so that brother and sister each pay equally.

The only way to legally take over your parents house is by a deed, Will or through the state laws of intestacy. If your parent has died their estate must be probated.