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You need to obtain a court order. You must do so ASAP. Keep in mind that an executor has no legal authority to deal with a decedent's bank accounts until they have been appointed by the court. If the executor has been appointed by the court you must file a motion immediately to have the letters testamentary revoked.

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Q: What Steps must be taken to freeze estate account to stop executor theft?
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What does with will or will annexed mean when talking about an estate case summary?

An administrator with will annexed is an administrator (appointed by the court) who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve.


What are the steps to redeem deceased visa travelers checks as an executor of the estate?

They would present their letter of authority to the issuing entity, along with the checks. That should allow the fund to be returned to the estate.


How long do you have to settle an estate in North Carolina before the state or commissioner steps in?

In the states I'm familiar with, as long as the executor is providing the proper reports and managing the assets, there is no limit on how long an estate can be open. If beneficiaries complain, or the state is the beneficiary, the probate court can appoint a new executor to resolve the issues.


What can you do if the executor won't settle my moms estate?

Usually there are steps to be followed before the estate is finally settled. Depending on the state, there is an ending date, which might be a year later. There is also an extended period of time for bills to be presented to the estate for payment. The thing to do is to wait, offer any help or documentation if you have it, and wait some more until the estate is settled. Becoming an issue with the executor certainly will not speed things up.


What to do when nobody was named as executor in heir estate?

If nobody was named as an executor in someone's estate, you should check the local laws and regulations regarding intestate succession. In most jurisdictions, the court will appoint an administrator to handle the estate. This is usually a close family member or a professional. Consult with an attorney who specializes in estate law to understand the specific steps and requirements in your jurisdiction.


Parents are deceased and you are executor can you sign quitclaim deed?

There are specific steps that must be followed for an executor to be able to convey real estate. First, the executor must be appointed by the court. Then the executor can sell the real estate only if the power to sell real estate was granted in the will. If not then the executor must petition the court for a license to sell real estate.


When an executor steps down can the court apoint a family member even is some of the family memers object?

The court can appoint anyone the deem proper. If there are objections, they may appoint a neutral party, which will cost the estate more money.


Can a executor go to jail for spending money of the estate?

Since an Estate is already under the jurisdiction of a Court and a Judge, the Judge handles any malfeasance, e.g. wrongdoing. An executor (male) or executrix (female) has been empowered by the Court to take a narrowly defined set of actions on behalf of the Estate and the deceased. If the executor or executrix steps outside those boundaries, in particular the misuse of money belonging to the Estate, the Judge can strip the person of the executor or executrix title, appoint a non-family person (an independent person) to oversee the Estate, and can fine the executor or executrix or impose Contempt of Court against the person. Contempt of Court can result in serious, heft fines or jail until the fine is paid, or the Judge changes his/her mind. In other words, yes it is a crime. But because the executor or executrix is working on behalf of The Court and its Judge, the police do not need to do anything--the Judge has full legal right and duty to act. The executor or executrix will be ordered to return any monies to the Estate.It should be noted, the executor or executrix is "paid" a Court approved amount for the duties they perform. This can be removed from Estate monies, but must be accounted for in the Administration papers they file with the Court. This accounting must be accurate for every dollar and cent spent to pay creditors or to the executor or executrix. IF a family member believes or has evidence of wrongdoing, they can bring a motion in front of that Court / Judge to review the matter. Any family member can make a legal motion, preferably through an attorney, during the process.


Can I suit deceased tenant's family for damages to property?

In some instances, you could pursue a lawsuit against the executor of the estate. I would assume that the deceased tenant placed a security deposit for the apartment. You still have to comply with the security deposit requirements (i.e. a walk-through within 30 days, itemized list of damages and reasonable associated costs), but you must forward this information to the decedent's executor. Just like a living tenant, if you should fail to do these steps, you're legally forfeiting the deposit and can be sued by the estate for it's return.


What are the duties of an executive of a will?

You should have in hand the death certificate and the will. Go to the courthouse in the county that the person you are executor of lived in. Show the death certificate and will to the probate court office and tell them you need to set up a 'Probate hearing"..this is the point that my husband is at now with his parents will. You will be given a court date. Most people say, Get an attorney. This is not necessarily true though. If there is a agreement between the beneficialaries, then it is simple to do it yourself. At the hearing you should have the beneficialaries with you so you can all state to the judge your agreement. He will then sign off on it and POW things are done. If there is ANY disagreement you will most definately need a attorney. Keep in my they are not cheap and the more he has to do the more expensive it is. Hope this helps, we are all in agreement to split it three ways between three siblings. Good luck!! Donna


How does the executor of the estate of deceased car owner change the vehicle title to new owner in NC?

To change the vehicle title to a new owner in North Carolina, the executor of the estate of the deceased car owner needs to follow these steps: Obtain a certified copy of the death certificate of the deceased car owner. Complete the appropriate sections of the vehicle title, including the transfer of ownership section. Submit the completed title, along with the certified copy of the death certificate, to the North Carolina Division of Motor Vehicles (DMV) for processing. Pay any necessary fees and taxes required by the DMV. Once the transfer of ownership is approved by the DMV, a new vehicle title will be issued in the name of the new owner.


What are the necessary steps to take in order to prepare for real estate investment?

The necessary steps to take in order to prepare for real estate investment would be to know what a low price is for real estate at the time. You want do buy at a low price and sell at a high price. You need to know if you are getting the real estate for a bargain.