Probate

No. If the decedent owned property in another state the executor must request Letters Testamentary in that state.

That requirement may vary from state to state, however, I would advise it would be a good idea to do so, in case the Probate court wants access to the account for whatever reason. Check your local state laws, or probate court, for further information.

Yes. The Executor has full authority regarding the estate of the deceased. I have seen a few cases myself where the executor cremated the body, took the ashes to a private location, and never told anyone of that location. Obviously, however, the siblings could attempt to fight this in court.

2.5% $ 150,000.00

You haven't added any details so I must make an educated guess as to why that situation would occur. It would make sense if you are calling too frequently and with unnecessary questions. The probate process generally runs along at its own speed and follows an extremely predictable pattern. Part of an attorneys usual representation of an estate is not fielding a high volume of questions from the beneficiaries. The executor has the authority to settle the estate once they have been appointed by the court and as long as they are progressing with as much expediency as the court process allows then you should direct your questions to the executor. However, you must listen to the answer and be patient as long as the executor is performing her tasks properly.

If you have a legitimate concern that the estate is not being handled properly then you can file a motion with the court to have the executor removed and a successor appointed. You can even hire your own attorney to represent the estate. However, in order to be successful, you will need compelling evidence.

The heirs aren't the persons with the authority to "handle" an estate at all. If a person died owning property their estate must be probated, an estate representative must be appointed and the debts of the estate must be paid before any property is distributed to the heirs. Probate laws govern the distribution of a decedent's estate regarding creditors and heirs. If the court appointed estate representative mishandles the estate they are held personally responsible.

If heirs convert assets to their own use, with or without the appointment of an estate representative, the "heirs" are held personally responsible and may find themselves in court for taking the decedent's property and not paying the creditors and/or the other heirs.

First remember that an executor has no power or authority until they have been appointed by the probate court. Once appointed they must file an inventory of the decedent's assets with the court. Eventually they must also file an account to notify the court of the disposition of all the assets reported in the inventory. The final account will show the costs of the administration of the estate, payment of all the debts and payment of all legacies.

Once a will has been filed for probate it becomes a public record. The heirs can visit the court at any time and request to see the case file and thereby monitor the activity of the executor. Everything the executor has filed will be in that case file and you can request copies of any document. The executor cannot keep secrets from the beneficiaries. A secretive executor sends up a red flag and they should be monitored closely. They can be reported to the court for mishandling the estate and they can be removed and replaced.

The beneficiaries have the right to know if the estate was handled properly, that all the filings in the probate file are accurate and no property is wasted or unaccounted for.

Legally it is not possible to do so in 2 weeks. It requires advertising for debts for at least 90 days.

Yes. The POA is extinguished upon the death of the principal.

No, you cannot do that unless the lender agrees to it. The estate needs to contact the bank and inform them of the death. And then they can make arrangements to see if the loan can be transferred.

If you are the sole Executor you do not need signatures from any beneficiaries.

I'm a little bit confused by the terms, but what I think you're asking is who does the trustee answer to in terms of doing his job properly. The answer is the beneficiaries of the trust. A trustee owes the beneficiaries a fiduciary duty to administer the trust property only for the benefit of the beneficiary. If a beneficiary feels that the trustee is not doing his job properly, the beneficiary can take it up with the court or in some cases, depending on the terms of the trust, can remove the trustee and appoint someone new to take his place. If you are in a state that has adopted the Uniform Trust Code, the trustee also owes the beneficiaries of the trust an annual accounting of the trust funds so that the beneficiaries can see exactly what the trustee is doing with the funds. I'm in Missouri and we are a UTC state. There are 20 other states including Kansas, Nebraska, Wyoming and several others, which have adopted the UTC. Check your local law to see if your state is one of them.

You need to consult with an attorney who can review the title and how it was created. If the sibling was unmarried and without children their interest may pass to you. However, you may need to probate their estate. If there is a surviving spouse or children of the deceased sibling the situation becomes more complicated. The attorney can advise you of your options under your state laws.

See the related link provided below that provides access to the laws of the State of Washington.

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Yes, they have the power, with the court's approval, to freeze the estate. There may be other claims against the estate that still have to be resolved.

You need to check in the particular jurisdiction as state laws vary. First, a person who petitions to be appointed Administrator must qualify in the state where the estate must be probated. If the court allows the appointment it may require the person to immediately appoint an agent who lives in the state. You need to check with the court or with an attorney who practices in the state where the probate must be filed.

You file a probate under the name the person used while they were living. If you want to add an "also know as" or "formerly knows as" then you add it after their name. If you file a probate under a name not used by the decedent then it would have the appearance of trying to avoid creditors or notice to next-of-kin.

No. If you think the executor has misused their authority it should be reported to the court that made the appointment. The court will review the matter and issue a decision. An executor can be held personally liable for mismanaging the estate.

The notary must be acceptable to the jurisdiction where the documents will be used for legal purposes. Therefore the Canadian citizen should check with the entity that will receive the documents to determine if the NY notary will be acceptable.

Letters of Testamentary are issued by government to ensure the writ of state in legal matters. These letters do carry and expiration date which ranges from 6 months to 2 years.

The title of the person appointed by the court to settle the estate of a person who left a will is the executor.

You need to look on the notice. When a will has been presented for probate, a notice is published and notice is sent to all the interested parties. The date of the hearing will be recited and anyone who has an objection must appear at that hearing.