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Wills

A will is a legal statement detailing the transfer of property and belongings when a person dies.

740 Questions

Should proponent of will receive executor fee in Virginia?

Yes, the executor certainly may charge for their services. The amount must be reasonable and approved by the court.

Can you leave your paid for condo to your sibling?

You can leave your property to whomever you wish. As long as your spouse and children are provided for, the rest doesn't matter.

Does a person who is appointed executor have more say over someone who has been given power of attourney?

The executor has no power as long as the individual is still living. And once the individual passes on, the power of attorney has no power.

Does a will made while husband and wife are married still be legal after the two are divorced?

Generally, a will made while married is made invalid by a divorce for any provisions made for your spouse.

Generally, a will made while married is made invalid by a divorce for any provisions made for your spouse.

Generally, a will made while married is made invalid by a divorce for any provisions made for your spouse.

Generally, a will made while married is made invalid by a divorce for any provisions made for your spouse.

Can an executor sign legal documents by simply signing their own name or does it have to also say Executor for the estate of so-and-so?

An Executor signing a legal document for an Estate must include "Executor, Estate of...." Also, as Executor, you may have to request various information (non legal)in writing, and must include Executor, Estate of with your signature. Some info may require proof of your appointment as executor in the form of Letters of Testamentary. Some may also require including a copy of the Death Certificate.

Why would an executor need yo get a court order to buy the house involved in a will if they are one of the 4 heirs involved?

They have to show they are complying with the will. If there is no will, they have to comply with the laws of the state. The court makes sure the law and will are being followed.

Is an executor responsible to an inheritor to fincancil records of the deceased?

The executor is responsible to the court. Anyone with an interest in the case can present his concerns to the probate judge. The executor does not owe anyone anything. No one can tell the executor to do anything. If the probate judge instructs the executor to give you a copy of the report, you will get a copy of the report. If you do not present your concerns to the probate court, you are Sadly Out of Luck.

What is a wife entitled to if you are married in Oklahoma?

Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.

Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.

Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.

Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.

Can an executor allow a house to be foreclosed on if there is no money in the estate to pay monthly mortgage?

Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.

Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.

Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.

Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.

Does your mom have to show your brother your fathers will who just died and see all bank books?

There is no requirement for her to do so. As long as she is the executor, and presumably the beneficiary, it is her business, not his.

Can executor hold back monies when will says estate divided by heirs equally?

The executor can hold back some of the money. This is often done to make sure that all tax liabilities have been satisfied. There may also be court costs and other debts to settle.

Does executor have power immediately upon death?

No they have no power before death. They have no power after death until the letters of authority are issued.

Can leegal document be valid if signed under duress?

If duress can be shown, no it would not be legal. Proving it can be difficult but it is not impossible.

How do step children stop surviving spouse from becoming executor of father's estate?

They would have to apply to the court. If there is controversy, they may appoint a neutral party to serve.

What do you do with a payroll check of my dads if no will?

Open an estate to handle the assets. The executor, appointed by the court, can cash the check.

Can an executor sell a vehicle to a family member if all heirs agree the vehicle is not in the Will?

Yes they can, but the there are 4 heirs, then at least 3 have to agree. The vehicle is just part of the Estate. Sometimes there are boats or other properties involved. Even homes can be sold with the agreement of all involved in the well as most people would rather have the money. If one of the Heirs (perhaps a son or daughter) really wants to buy and live in the home as long as they pay the market value of that home they can do so and that money goes into the Estate and is divided equally by the other Heirs. Marcy

How do you get bank records of deceased parent without being the executor of the will?

Only if one of the heirs was specifically named as a joint owner of the account(s). Otherwise, only the "Executor" of the deceased's estate could obtain them. However, if the deceased died without a will ('Intestate') the heirs could eventually obtain the banks records via an order of the Probate Court.

Does the Executor of the Will need to do anything if the Spouse is left alive?

They need to close the estate. This is much easier when the spouse inherits everything.

Is the beneficiary of a deceased person usually the executor?

It is relatively common to for a beneficiary to be executor. They are more likely to get the estate closed quickly.

Who becomes the executor of an estate if no one accepts being executor and no relatives?

The court will appoint an executor either an attorney or a bank. The cost will come out of the estate.

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