Estates

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%.

The grantee in a life estate is the life estate owner. If they die the life estate is extinguished and the property is free of the life estate.

However, if you have your terms reversed please review the following. The grantor is the person who owns the property. The owner can grant a life estate and that person is the grantee. If the grantor dies the decedent's heirs would inherit the fee to the property either by will or under the state laws of intestacy. However, the life estate owner retains their life estate and the heirs acquire title subject to the life estate. The life estate owner would still have the right to the use and possession of the property for the duration of their natural life. They would also be subject to any statutory law regarding the obligations of a life estate owner in maintaining the property, paying taxes, maintaining insurance, etc..

The will must be probated for several reasons. The executor of the estate must notify creditors. They must be granted the power to perform such tasks as close bank accounts and distribute the personal property. Most importantly, title to the real property will not pass to the heirs unless the estate is probated.

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.

Contact the Executor of the estate your inheritance is coming from and advise them that you are aware that that you were named in the will and would like to make claim to your share. If the Executor is unknown to you go to the Clerk of the Court's office and ask to see the file of the probated estate. You should be able to get all the information you need from that source.

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.

The court is notified of a death when someone petitions to be appointed the executor or the administrator of the estate.

Its called being Impeached, I believe. And yes, they can be impeached. People have done it before. They will be taken to court, like anyone else. First to the House of Representatives and then to the Senate. In Three cases (Bill Clinton, Richard Nixon and Andrew Johnson) They have been charged. Nixon resigned rather than go to court. Johnson's case was One vote short of the Two-Thirds needed, and he was aquitted of the accusation. Clinton was found guilty but was allowed to serve out his term.
~Minicooper Out!


Sorry, Minicooper, but President Clinton was not found guilty. It was a tied vote and so failed. Had it been successful, he would not have been allowed to serve out his term as the point of the vote is specifically to remove him from office.

But the question, as I read it, is about a civil lawsuit. Can anybody answer that?
~Phil O'Shiite

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.

No, the house is in the name of the one spouse. Which is why you MUST make sure you put both names on a deed.

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

It means the grant is intended to be indefinite. For instance if I grant a right of way to my neighbor Susan to take a short cut via a driveway over my property and do not say "and to her heirs and assigns" then the ROW would die when she dies or sells her property. If I grant the ROW to Susan, her heirs and assigns then the ROW goes on forever. The words "heirs and assigns" were traditionally used in a deed to grant a fee simple estate meaning that the grantee is the absolute owner and can sell the property or leave it to his heirs.

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.

Undue influence is any act of persuasion that overcomes the judgment and free will of another person. It can include such things as deception, flattery, begging, trickery, insinuations and other forms of coercion that play against a person's vulnerabilities. Four elements must be present to advance a claim of undue influence: 1.) It must be demonstrated that the victim was susceptible. 2.) There must be an opportunity for the undue influence to occur. 3.) There must be evidence the defendant is inclined to exert undue influence. 4.) The record must reveal a suspicious transaction.

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.