The widow can write a new will or simply have her attorney draft a codicil that names a new executor. The codicil should be drafted and executed with the same formality as a will and attached to it.
All executors, whether named in a will or not must be appointed by the court in order to exercise any powers as an executor. In general, if the executor named in a decedent's will has died and no alternate was named, the court will appoint an executor.
How can you help a parent understand that their adult child's behavior is the result of narcissism?
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.
Can a trustee change the distribution of a trust after the other trustee dies?
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.
How long does it take to settle an estate in probate 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.
Both parents have died and left a will does the estate still have to go through probate?
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.
How is an estate administrator fee determined?
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.
How a spouse can be appointed execetor by probate court?
When they apply to the court. The court will issue a letter of authorization appointing the executor.
Can one of many heirs to an estate legally rent the land without the consent of the other heirs?
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.
Do you have to have a trustee for an estate?
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.
What happens if the executor dies before the estate is distributed?
Usually the next of kin will be sought after by a company "In Trust". Children of the deceased will be sought out, or if there are no existing children it can go to a sister, brother, parent of the deceased.
AnswerThe court will appoint a new executor. The residual amount then goes into the estate of the person who was to get the remainder and then their estate will distribute as appropriate.
Answer
The court will appoint a new executor. As to the residuary legatee, it depends on when they died. If they were deceased at the time of the death of the testator the gift will lapse unless there is language to the contrary in the Will. If the gift lapses and there is no successor residuary legatee, the residuary will be distributed according to the laws of intestacy as though there is no Will.
What is considered community property?
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.
What does it mean to be the executor and a heir?
It means they are responsible to administer the estate. They will also receive some of the estate as an heir.
Do you have to go to the court to be appointed executor of someone's will?
The Will must be approved and the executor must be appointed by the court or they have no legal authority.
The Will must be approved and the executor must be appointed by the court or they have no legal authority.
The Will must be approved and the executor must be appointed by the court or they have no legal authority.
The Will must be approved and the executor must be appointed by the court or they have no legal authority.
What am I entitled to if I am married and not in my spouse's will in California?
California is a community property state. 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. It is important to note that anything obtained before the marriage, kept separate, and a few other notable exceptions will not be considered community property
What does a joint account-no survivorship mean?
If an account is described as joint but with no survivorship rights then the funds would become part of the primary holder's estate rather than automatically passing to the other joint owner. That type of account is generally set up for purposes of convenience to allow one person to pay bills and do the banking for another person.
Can a beneficiary sue an executor?
He CAN, but why bother. The word "sue" just means ask, but in legal terms. When you sue someone, you're asking the court to make you pay. Rather than have someone else make you pay, why not just pay it if it's a legitimate debt? If you're unsure about the validity of the debt, why not seek legal advice.
When will you know if you are a beneficiary?
My name is Rodney e Chester and in 2009 or early 2010 I was made beneficiary of a policy by my grandfather Ben E Butler SSN 404-42-1347. He had me sign a document that needed my SSN and he had to get it notarized before sending it in. I wasn't sure of the policy his insurance was under after he passed on Aug,6 2010. I've been trying to get information from the company The Standard insurance company which was the insurance company his job used for life insurance. He was a deputy for the maricopa county sherriffs office in arizona. The standard said that I was the benefactor of his policy and gave me a claim number. They told me that I needed to get the policy from the Maricopa county sheriffs office and they would need to send the policy info to The Standard Insurance company. After contacting the sheriffs office about my grandfathers claim they told me that they have no paperwork on my grandfather at all. It was like he hadn't worked for them at all not finding any info or any work history on him at all. I don't know what to do or were to go can you please help me track this down please..... Thank You Rodney E Chester
Unless there is something I am missing (or do not know), it seems unusual for an insurance company to need the actual policy to approve a life insurance claim. The policy number should be enough. I would call them back and speak to a supervisor. I hope this helps!
Do adult children have any rights after parent dies leaving survivor deed to spouse?
I am assuming that the "marital home" was in the husband's name alone. Yes. In Massachusetts there is a provision where a spouse can waive the will and take her share as if there was no will. I am sure other states have the same provision, at least I hope so. Those statutory provisions make it difficult for a man to disinherit his wife.
Can the executor and alternate executor share duties?
Of course the alternate can volunteer to assist the court appointed executor in the fulfillment of her duties. However, the alternate has no legal power and will not be entitled to any compensation.
What is the current tax rate in the US?
This question is far too expansive to cover in any accurate way. There is a reason why tax lawyers and accountants have such difficult jobs, the US Tax Code (as well as the tax codes in most jurisdictions) are infamously complex. There are general things that we can say about taxes, though, in the US:
Can heirs contest the appointment of administrator in intestate estate?
Yes. The heirs-at-law should receive a notice of the time and date of the hearing for the appointment of the Administrator. The notice should contain some language about what they should do if they have any objections to the appointment of the person who filed the petition. There is a statutory time period during which an objection must be made and that too is recited on the notice. Anyone who wishes to object must follow those instructions to the letter.
If there are two executors of an estate what fee do they receive?
In my case, the probate lawyer recommended the executor's fee to the judge. It was a percentage of the estate. Two executors would have received half of that amount in this particular jurisdiction. In other areas different criteria apply.
No one should write a will with two executors. It is so much easier for one person to fill out forms and get stuff done. One person can write a check and divide a bank account between two people. One person can sell a piece of property and sign the deed. One person can split a stock account between two people. One signature is a whole lot easier to get than two signatures, especially when the other person is on an all around the world vacation and did not tell her brother where she was going.
If he did not have a will, states have estate laws on intestacy which means the person died without a will. Depending on your state, children may have up to half of the father's real property and half of personal property, and wife having dower rights. Those dower rights vary state to state, and some states have community property laws as well. I would seek the professional advice of an attorney that deals with estates and trusts and at least do a consultation. You can also search on the web for estate laws specifying your particular state and read their statutes.
Can an executor reimburse a beneficiary for funeral costs?
Most wills have a provision providing for payment of funeral expenses out of the proceeds of the estate. Check the deceased's will to see if this indeed is the case. If so, a beneficiary (or any other person for that matter) who pays the funeral expenses should be reimbursed. As a side note, the expenses associated with the funeral are usually deductible expenses when filing the estate's inheritance tax return. Check with either an estate attorney or the register of wills (or Orphan's Court) of the county where the will was probated (or will be probated). You should be able to get the answers you need from the register of wills.