Probate

The remaining executor can submit a resignation to the court and request that a successor be appointed.

Yes, the executor has the duty to carry out the instructions of the will regardless of what any potential beneficiaries may want. There may be situations in which the executor must sell certain property in the best interests of the estate.

Of course, any questionable actions of an executor can be challenged in court.

No, there is no limit to settle an estate. It can take many years for a complex estate.

Absolutely yes, if you didn't make certain they were paid by the former owner before you paid for the property and took title.

The executor does not have to be a beneficiary. The court can appoint any responsible person to serve in that capacity.

Of course not. No one is an executor until they have been appointed by the probate court. No one is appointed by the probate court until the testator has died. Any person who gives away the property of another person should be reported to the police and prosecuted.

I hope you understand that there is no such thing as an executor of an estate of a living person.

N.J. probate rules differ from most states due to the fact that the individual counties establish probate procedures. The only time limit set statewide, is that a will or probate proceedings may not begin until the eleventh business day after the person has died. There usually isn't a penalty for delayed probate filing. However, the case will probably be handled differently, than one that was filed within established time limits. The best option is contacting the county probate court of jurisdiction for further instructions.

It's both reasonable and customary for executors to receive some compensation for their services, particularly if they're not close family or friends of the deceased. Normally they wouldn't bill the beneficiary, they'd simply deduct their fees and expenses from the proceeds of the estate.

Executor's fees are set by statute in most jurisdictions.

Depending on the process, most places require that to happen prior to appointing an executor. If the beneficiaries are not happy with the choice of executor, they can request the court appoint a neutral party. That can cost the estate a lot of money.

If life insurance is payable to a beneficiary other than "the estate of ...[the decedent]", proceeds are payable directly to the named beneficiary and do not normally become part of the estate. However, if the designation of beneficiary of the life insurance policy is the estate of the decedent, proceeds do usually become part of the estate.

I don't think that there's any way to help or even change a narcissistic parent. Both my mother and my sister are narcissistic and I've been their supply target all of my life! I'm 55 years old. It was like living in a constant nightmare, putting up with their insane jealousy, lying, controlling, head games that never stopped. Finally, after working very had to try to please these two women for years and years, I had to get away from my whole family. I never knew what it was like to have total peace of mind until now. They are very twisted people and the reason I was picked as their target was because I have a high standard of the way I treat others with nothing but love and kindness. They haven't a clue on how to be a good person and they hate others who are. I thank goodness that I wasn't the favored child when I was growing up or my chances of being like this N sister would have been high. These people don't even see nor realize how bad they are so how could they begin to recover when they think that they are the perfect, right ones? I believe that if you can see how bad this narcissistict parent is then it's a good sign that you won't allow yourself to become one. Only the individual person themself can determine how they choose to treat others. If you find yourself repeating how they are then it's your decision of what to do to stop it. Saying and doing the right thing to others isn't very hard to do. To hurt another either by actions or with words is totally inhumane and it's usually what drives the narcissistic person. I believe we all know when we are hurting another person, it's just that the N doesn't care. So if you have the knowledge of this then it shouldn't be to hard to correct it. I always treated others nicely but when I was involved with my N mother and sister I was always in some kind of a mess just like they always are in trouble with others! I haven't had any trouble with anyone every since I got away from them, so what does that tell you? They have to have the supply person because this person is used as their scapegoat to take the blame for their actions and to feel better about themselves after they inflick pain on others. Only you can become the person that you want to.

No. Not unless that power was granted in the provisions of the trust. The only powers a trustee has are those specifically recited in the instrument that created the trust. Any changes not allowed by the provisions in the trust must be made by a court.

If the estate is relatively straight forward, it can be done in about 6 months. However, there are tax issues and perhaps property issues that can take longer. And if the will establishes trusts and other requirements, it can take decades to resolve.

This can become complicated and should be handled by professionals. Someone will need to start the probate of the father's estate immediately, so that debts can be paid (including taxes), and father's remaining assets collected for distribution according to intestacy laws of the local jurisdiction. The grandmother's estate will need to be settled within a short time, to determine if the father's estate has anything coming, not to mention dealing with anyone else who has a statutory claim to part of that estate.

If they left any property in their own names the estates must be probated in order for title to property such as bank accounts to be changed. An estate of real property must be probated in order for title to pass to the heirs legally.

You should calculate one point four percent of the value of the estate that is to be executed to pay the fees of the estate executioner where the estate is calculated after your demise and ammounts to whatever the estate is worth at the time of your death and not decided upon before you die and the executor will then be paid one point four percent of that ammount Fees for an estate administrator will vary according to the particular state's laws. Since I don't know which state this is in, I cannot accurately answer it. However, in New Jersey executors and administrators receive the following percentages based on the value of the gross estate: 5% of the first $200,000. 3.5% on the excess over $200,000 up to $1,000.000. 2% on the excess over $1,000,000. In addition to this, they are entitled to 6% of the gross income that is earned by estate while it is being administered. And of course they are entitled to be reimbursed for legitimate expenses, including legal fees. Other states will probably have different formulas. This is for informational purposes only and not intended to be given as legal advice.

When they apply to the court. The court will issue a letter of authorization appointing the executor.

In theory, the executor and attorney for the estate can rent to the highest bidder. However, other factors may be considered like when rent will be paid and in what form of lease. When a landowner is deceased, their estate must be opened and an executor is appointed. Often an estate will require at least nine months to complete and often it will take longer when a business or rental property is involved. For the duration of the estate, the executor is charged with the duty to protect the assets of the estate and pay the debts of the decedent. The executor and the attorney will determine how to accomplish these tasks. Therefore, theoretically if the renter is the highest bidder, and the lease may be completed or "paid up" prior to the end of the estate proceedings, the executor may rent the land to the heir if he fits these criteria. At a minimum, the heir would need to be the highest bidder.

In order for there to be an estate, there must be a trustee. You don't have to name one in your will, the court will appoint one. And many banks will serve as a trustee.

In most estates no trust is created and therefore no trustee is appointed. Generally, the only fiduciary needed is an executor (with a will) or administrator (without a will). The court will issue either Letters Testamentary or Letters of Administration and the fiduciary will have the authority to settle the estate.

Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise.

The main areas of separate property are those items acquired before marriage, items received as a gift through a will or by inheritance, and those properties purchased with separate property funds.