Estates

An executor has no authority until they have been appointed by the probate court. The executor must file a resignation with the court that appointed them and the court will appoint a successor.

Yes, but with one exception. A person serving a life sentence is doing so because he/she has been convicted of a crime. The criminal laws prescribe punishment such as fines and imprisonment (and perhaps loss of vote or right to possess guns)for violating laws, but criminal penalties do not take away all rights. Even such prisoners are still entitled to rights of due process, freedom from cruel and unusual punishment and others. No criminal laws take away the very basic rights of prisoners entirely. As to the exception: If the person is serving a life sentence for murdering the person who left him the money in the will, then he is not allowed to inherit.

A property is not usually seen as being abandoned just because it seems as though it is and a life estate belongs to the beneficiary of it for the length of their life or until they decide to give it up legally

They can still enforce the lien. They may have to file a claim against the estate.

A special directive is a special instruction in your will. It can be used for many purposes such as directing that the testator's home should be sold, the proceeds divided amongst her three children, with right of first refusal to purchase the house given to one of the children. A special directive may be used to instruct the Executor to use the services of a particular law firm to handle the probating of the estate.

If the will has been filed in probate then you can contact the court to obtain a copy. If your brother refuses to file the will for probate then some other family member should petition the court to be appointed the administrator of the estate as though your mother died without a will. It is likely that your brother would then produce the will. If not, the court should be made aware of his possession of the will and refusal to file it.

It is illegal to withhold a will from being probated. You should consult with an attorney who specializes in probate who could review the situation and explain your options.

A letter of distribution of estate assets will likely be a document held by an attorney of a deceased individual. They will have specifically stated who gets their property and valuables in the event of their death.

The debts of the estate must be paid before any inheritance is distributed to the heirs.

You are the caretaker of the property and your Aunt's husband is a legal occupant. You can and should have a key but can you legally enter the house and check up on the property for being properly maintained? I don't think so. == You should be able to periodically enter the home for maintenance under certain circumstances. Those would most certainly mean written notice and a call from him giving you a specific time for a visit for specific purposes. Regarding other people living in the home and so on, that may be outside of your ability to manage.

Property you cant touch. Like a court settlement not reached. defined as identifiable non-monetary assets that cannot be seen.

Yes. A fiduciary can be sued. You should consult with an attorney who specializes in litigation who can review your situation and the reason you think the fiduciary has violated their office. That is the only way you will know if you have a plausible cause of action.

It is often the attorney who is named executor of a will. This prevents the family from fighting over how things are done. Banks are another common executor.

My father died when I was seven. Iwas left things also, but i didnt receive anything until I was older and married. I am grateful for that. I would have wasted or lost or not cherished what I have gotten if I had received it when I was younger. How old you are plays a role in this. Also what the will says. You have the right to see the will at the very least.

No. Survivorship is not an inheritance. When two people own property by survivorship and one dies, their interest is extinguished and the survivor becomes the sole owner.

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

It is whatever they agree on. One source of information will be the mortality tables to determine how long the individual may live. If you use that vs. a monthly cost, you can determine a price that may, or may not, be a good deal for one or more of the parties.

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.

If the man was already divorced legally , then the wife of four years and her children will get his property.

A person who dies without a will is said to be intestate. Each state has specific laws about how property is divided when the deceased is intestate.

You would need to bring a lawsuit to a court of equity and provide evidence to the court that the attorney in fact is mishandling the principal's estate, or the principal is legally incompetent, or some other reason that would compel the court to extinguish the POA.

You should also consider that the appointment of a guardian by the probate court would extinguish a POA.

Remember that anyone make any claim almost at anytime. The real question is will she win. In New Jersey and I believe in most states, a person can leave one of several children out of a will. Nothing requires equality. Therefore, she has no automatic right to a share of the estate just because she is one of three children. The only way for her to get a share of the estate is to claim that the will is invalid (e.g. undue influence) or that she was left by mistake. Even if the will states specific reasons why she is being left out, she would still have the right to make a claim. But the right to make a claim only means she can bring those issues into court and it is not easy proving them.

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.