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Select an executor for your will based on trust and relationship. A family member can execute the estate or you can choose two people to be co-executors. Lawyers can do it but they will likely charge the estate a percentage.
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∙ 9y ago
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Must an executor charge a fee?
No. They can choose to not charge a fee but that is up to the executor.No. They can choose to not charge a fee but that is up to the executor.No. They can choose to not charge a fee but that is up to the executor.No. They can choose to not charge a fee but that is up to the executor.
Does the Executor answer to the beneficiaries?
The executor should operate in the estate's best interests.
What happens if an executor changes a will?
An executor who makes any changes to the will is in violation of law and should be reported to the court that made the appointment immediately. They should be replaced as executor.
Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?
Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.
What happens when executor steals money and forges documents?
The executor should be reported to the attorney who is handling the estate and the court immediately. What you have described is criminal behavior and the executor should be prosecuted.
IHow do you seek restitution from an executor who violated the terms of the will?
You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.
Can a co-executor delay distribution of funds indefinitely?
No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.
In the state of Georgia does an executor of an estate have to show annual reports or tax returns to the heirs of the estate?
The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.
Can a co-executor choose to drop out after a year and a half without the knowledge of the other co-executor?
No. The co-executor must file a resignation with the probate court in order to free themselves of any obligations and responsibilities in the estate and to notify the world they will no longer be serving as co-executor.
Is the full legal description of the property included in the the executor's deed?
The full description, as it is recited in the decedent's acquisition deed, should be included in the executor's deed. The executor's deed should include a reference to the deed book or certificate number of the decedent's acquisition deed.The full description, as it is recited in the decedent's acquisition deed, should be included in the executor's deed. The executor's deed should include a reference to the deed book or certificate number of the decedent's acquisition deed.The full description, as it is recited in the decedent's acquisition deed, should be included in the executor's deed. The executor's deed should include a reference to the deed book or certificate number of the decedent's acquisition deed.The full description, as it is recited in the decedent's acquisition deed, should be included in the executor's deed. The executor's deed should include a reference to the deed book or certificate number of the decedent's acquisition deed.
If an executor does not distribute the assets can those included in the will force the executor to do so?
First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.
My mother just passed and my brother is named executor. He is going through a bankruptcy and personal tax issues should he be appointed as executor?
Your brother already has enough going on. The duties of being executor would be too much. Someone else in the family should petition to be appointed executor and your brother should decline.
