Wills

In the past, a woman appointed to carry out the distribution under a will was called an executrix or executress. However, language that unnecessarily defines femininity and masculinity is changing. There has been a widespread reform in the use of words that grew out of patterns of patriarchal thought and that were codified in the English language. Therefore, the term "executor" has come to be the more commonly used term for the person appointed by the court to carry out the directions of a testator in making distributions under the will. It is not necessary to further classify that person as female or male.

Legally they have no standing to do so. Only the executor has the court order allowing them to act on behalf of the estate. The spouse certainly may influence them, but the executor still has to account to the court.

The testator can change their executor as often as they wish without any sort of notification. Once the estate has been opened and the court has appointed someone, they cannot be changed without notification. The Letters of Authorization have to be revoked and new ones issued.

The executor is often a beneficiary of the will. They have to show the court a complete accounting of the estate. This means the judge has to validate that they aren't taking more then they are entitled to.

Yes, if a Will or Trust were on file in one state and the person died in another, their will is as legally enforceable in the second state as it was in it's original filing state.

The issue is that only the probate court in the original filing state would have jurisdiction over the matter. So you would not be able to file a probate claim in the new state.

The estate is responsible for the debts of the deceased. The executor is not personally responsible for them.

If it is done in proper form and not to defraud creditors, then the inter vivos gift may be completely proper. However, there could be some serious tax implications, as the beneficiary of appreciated property under a will gets a stepped up basis and the recipient of an inter vivos (lifetime) gift does not (meaning long term capital gains later on), among other things.

TAs a New Jersey attorney, I can only speak as to NJ law. In NJ the will of a decedent does not have to be "filed with the Court" in the sense that it is admitted to probate unless something needs to be done by an executor. such as transferring assets to a beneficiary. But there is no requirement that a will be filed just because there is one. This answer is given for informational purposes only and is not to be taken as legal advice, however I believe it to be accurate.

That depends on the will. It determines what happens to the assets of the estate.

No. The purpose of a Will is to distribute the testator's property after death. A Will, if properly drafted, becomes operative upon the death of the testator. It must be submitted to probate court for allowance and the testator's property will be distributed as set forth in the Will after the debts of the estate have been paid.

You would have to file for probate in the court where it will be assigned to a judge. Then you could recommend an executor, a creditor could, or any interested party. The judge would make the decision at a hearing.

Thank you for your respond Bob811, I'm trying to help an old lady and her son she's 89 and her son don't speck or write English. Her financial institution (Her Bank) were she gets her direct deposit from her social security check is asking in order for her son to deposits or making any withdraws for her or using her visa debt card needs a Durable Power of Attorney for Florida for her financials

Added: In that case, I would suggest that you might try to contact some local social service agency for a recommendation or assistance, or even the local Bar Association. I don't know where you are in Florida but once a week in Pinellas County the Bar Association used to hold a free clinic to assist people in need. I suspect that Bar Associations in other counties might offer similar services. Check around and good luck.

Yes there is. An Executor (male) Executrix (female) who is doing a poor job or cheating or stealing from the said property of the deceased can indeed be taken off the Will, but you will have to see a lawyer about this and prove it. Be very careful with this accusation and learn about Probate, and what the duties of an Executor/Executrix. You can find out by going on www.google.com and asking "What are the duties of an Executor regarding a Will?" Here is a quick scan over what their duties are (I've done it.) For instance, if there are 2 or more heirs in the Will, they can vote re ousting out the Executor/Executrix. **If the heirs are the children of the deceased they have the right to go onto the property and retrieve any personal effects of their parent(s). The Executor/Executrix cannot stop this! DUTIES OF EXECUTOR/EXECUTRIX Once the person is deceased the Executor/Executrix has the right to pay off things like funeral costs, etc., and small bills such as Hydro, electricity, phone, cable, outstanding charge card balances, etc. However, they MUST KEEP RECORDS! Then the Will goes to Probate. Probate makes sure that all house/personal taxes are paid as well as any other outstanding debts such as mortgages, back taxes on home/property, etc. If the Estate is small to average the Executor/Executrix has the right to either do this on their own (you can get the forms) and it's much cheaper and usually quicker than a lawyer doing it and not as hard as lawyers would have you believe. If the Executor/Executrix decides to this they have to account for everything in the said Will and ALL expenses they have had since that person's death. The Executor/Executrix can sell the home, but should give the heirs a chance to decide if one of them wants to buy that house or property outright. Once the house/property is sold that money goes back into the Estate and divided according to the wishes of the deceased. The Executor/Executrix can also sell a car, motorcycle, boat, etc., but, if one of the heirs would like to buy it they should have that option and proceeds go back into the Estate to be equally divided by the said heirs. THE EXECUTOR/EXECUTRIX CANNOT CHARGE GAS, USE ANY MONEY FROM ANY ACCOUNT OF THE DECEASED FOR THEIR OWN PERSONAL GAIN ... SUCH AS BUYING SOMETHING FOR THEMSELVES. In some Wills a person will leave anywhere from 2% - 5% or possibly more of the entire Estate to the Executor/Executrix for their time and effort. If it isn't stated in the Will, the heirs don't have to give them anything, but should if they feel a good job as it can be time consuming processing a Will. Usually 3% is fair, but depends if it's a small or large Estate. I would highly suggest you see your lawyer. Good luck Marcy * Probate laws differ in each state. Therefore not all such acts noted are legal in all US states. For example, in many states no property regardless of what the item may be can be taken, sold or distributed until permission is granted by the probate court. In other states any property that is exempted from probate can be distributed to family members or heirs as it is not subject to creditor action in case of outstanding debts. In most US states the only way an executor, executrix or personal representative can be removed is by a bringing suit in probate court charging said persons with misappropriation and mishandling of the estate. Removing a fiduciary is damaging to the estate and is rarely allowed by the court. And of course the accused party has the right to defend themselves and so on and so forth, in other words it is time consuming and usually very expensive. This is the reason it is not prudent to waive bonding of an executor or executrix even if the grantor prefers to do so.

I think the executive branch is like the president


The expressed powers of the President of the United States are set down in Article II of the Constitution. The major function of the executive branch is to enforce the laws.
Powers of the President include: commander in chief of the armed forces; commission officers of the armed forces; grant reprieves and pardons for federal offenses (except impeachment); convene Congress into special session; receive ambassadors; take care that the laws be faithfully executed; make use of the "executive power" of the office, such as the veto power; give an annual State of the Union Address to Congress; appoint officials to lesser offices; make treaties; appoint ambassadors, judges, and high governmental officials; approve legislation.

The judicial procedure by which a court undertakes the management, settlement and distribution of the estate of a person who died intestate is called an Administration. The judicial procedure by which a will is determined to be valid is called Probate.

However, informal use of the word 'probate' encompasses both of the terms above by referring to a judicial process by which a court appointed representative handles a decedent's estate under the supervision of the court.

See WikiAnswers in Estates and Wills:

If you are referring to a specific document with that title, then the answer is yes. However, if you are just writing about the general idea, then no.

You need to open an estate. This can be done at the court house. There will be a set of forms that need to be filled out. If all of the beneficiaries agree and are notified, the court will issue a letter. A probate attorney can be a big help in taking care of all this.

Generally you must have reached the age of majority in your jurisdiction. In most states that would be eighteen years old.

Generally you must have reached the age of majority in your jurisdiction. In most states that would be eighteen years old.

Generally you must have reached the age of majority in your jurisdiction. In most states that would be eighteen years old.

Generally you must have reached the age of majority in your jurisdiction. In most states that would be eighteen years old.

No. A Will can only be changed by a testator during life. Altering the Will of a decedent is against the law.

No. A Will can only be changed by a testator during life. Altering the Will of a decedent is against the law.

No. A Will can only be changed by a testator during life. Altering the Will of a decedent is against the law.

No. A Will can only be changed by a testator during life. Altering the Will of a decedent is against the law.

His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.

His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.

His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.

His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.

Appear at the court when the Will is filed for probate and make an objection. Be prepared to provide the court with evidence that there was fraud.

Appear at the court when the Will is filed for probate and make an objection. Be prepared to provide the court with evidence that there was fraud.

Appear at the court when the Will is filed for probate and make an objection. Be prepared to provide the court with evidence that there was fraud.

Appear at the court when the Will is filed for probate and make an objection. Be prepared to provide the court with evidence that there was fraud.

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.

Estates do not have time frames. A complex estate can take decades to resolve and settle.

That will depend on how the trust is written. In most cases the beneficiaries have no say in how the trust is distributed.