The Role Of The Executor Or Estate Trustee

August 18, 2010 by  
Category: Estate Law

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Executors have many duties, including administering the estate, converting everything into cash, and paying the bills. Most important, executors must make sure that taxes are paid, because, if they are not paid, the executors are responsible for those liabilities. Generally the executor is the spouse of the deceased. If anything happens to the spouse, then […]

How An Executor Or Estate Trustee Is Appointed

October 8, 2009 by  
Category: Litigation Law

If there is no will, a family member may fill the role of estate trustee, which is the legal title of the person we refer to as the executor. The person needs to make an application to be an estate trustee,. If the person obtains the consent of the majority of people entitled to a […]

The Circumstances Under Which An Executor Might Be Removed From Administering A Will Or Estate

June 24, 2008 by  
Category: Executors and Trustees

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There is no guarantee that any situation short of fraud or theft will result in the removal of an executor. A number of diverse factors give rise to cases where executors have been removed. One reason could be delay. The executor has not done his job in a timely manner. This delay, although it might […]

What Happens When The Court Has Removed An Executor?

June 20, 2008 by  
Category: Executors and Trustees

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Depending on who is involved, there will be different choices facing the court. If there was an alternative executor, acceptable to all parties, named in the will, that provides an easy solution. But it may be that the beneficiaries disagree as to who would be the most appropriate alternative trustee. In those instances, the estate […]

How The Court Views A Request To Have An Executor Removed

June 11, 2008 by  
Category: Executors and Trustees

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When someone requests the removal of an executor, the court approaches the case from the perspective that these are not business people fighting with one another, this is family. Judges would prefer that it be settled among the family, not in the court system. If it comes to court, a judge will balance the wishes […]