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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
Can an executor take everything?
As an executor, you have a fiduciary duty to the beneficiaries of the estate. That means you must manage the estate as if it were your own, taking care with the assets. As an executor, you cannot: Do anything to carry out the will before the testator (the creator of the will) passes away.
What happens if executor nothing?
Personal Liability of an Executor may be held personally liable for not carrying out their duties or doing so improperly. For example, if the executor fails to pay estate taxes, they can be held personally liable for any resulting interest or penalties owed.
What if no one wants to be executor of an estate?
No one named as executor is required to take on the responsibility. If no one in the family wants to do so, then you can ask the court to appoint a public administrator. Please keep in mind the executor is doing a job and will be paid for his or her time whether it is a family member or the public administrator.
What happens if an executor does not probate a will?
When someone dies, you (as an executor or administrator of the estate) are not required by law to file probate documents. However, if you do not file probate documents, you will not be able to legally transfer title of any assets that exist in the decedent's name.
What happens if you don't follow someone's will?
If there is any evidence that the executor did any wrongdoing, such as defrauding the beneficiary, stealing from the estate, intentionally hiding assets, refusing to follow the terms of the will, or failing to maintain records, the court may remove the executor and appoint a new one.
Can executor withhold money?
Executor Misconduct Beneficiaries have recourse if they believe an executor is intentionally, and unjustly, withholding their inheritance. After a will is filed in probate court, beneficiaries have the right to petition the court to address any grievances that arise.
How long does an executor have to distribute assets?
The length of time an executor has to distribute assets from a will varies by state, but generally falls between one and three years.
Can you force an executor to probate a will?
The Supreme Court of NSW does not force all executors to obtain probate in NSW.
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