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| Little ray of sunshine  |
You can't get forced to be anyone's executor or estate administrator. You can just say no, even if named in a will. Many states do allow an executor or administrator to take a fee though. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
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| Big Stack |
How is an executor named if the the deceased in intestate? Does the court appoint one?
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| No good deed goes unpunished  |
There is a state statute that lists who has priority to serve. Generally, a surviving spouse is first, and if none (or if unable to serve), it might be an adult child or a parent. And yes, the Court appoints whoever has priority and agrees to serve. | |||
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| Sigs are my Panacea...  |
Wow.... Did you find the stash of "Father of the Year" trophies? * --- Sig 365, 365XL, 245, P6 * | |||
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| Go ahead punk, make my day |
Realize she can walk away from this mess too. Good luck! | |||
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| Little ray of sunshine |
No local law will supercede state intestacy law. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
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| Little ray of sunshine |
Maybe or maybe not. Ask an estates and trusts lawyer in your state. You are going to need a lawyer to set up the trust anyway (don't trust Trust-On-Disk from the Office Depot). And Trust-On-Disk won't tell you if a trust is the right choice, or what the tax consequences might be. Not to pick on you, but why give advice if you aren't qualified? I had a root canal last week, but it wouldn't occur to me to suggest what dental work someone might need. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
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Member |
Because I stayed at the Holiday Inn Express last night.  __________________________ "Para ser libre, un hombre debe tener tres cosas, la tierra, una educacion y un fusil. Siempre un fusil !" (Emiliano Zapata) | |||
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| Member |
www.clarkskatoff.com/news-reso...e-a-will-in-florida/ | |||
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Repressed |
This post is a cautionary tale for why you don't take legal advice from the internet. It's also a great post to demonstrate why members should refrain from offering advice on complicated matters that are outside of their expertise. Google =/= a law degree. So, sure, Jimmy is "correct" in the barest sense of the term in that, in a very general sense, it is often not compulsory that a will be probated, and situations do arise that there's no point to initiating the probate process. If no one in the family files the will with the local probate court and petitions to initiate a probate case, the probate police aren't going to come kick in doors. The consequences will take other forms, typically manifesting as broken chains of title and nebulous ownership interests, for example. IF probate should be opened is a different question than whether or not probate is required. Let's be very clear: the mere existence of a will does not remove the requirement that interested parties usually must proceed to probate if they wish to give legal effect to that will and distribute the probate estate. Some jurisdictions have summary proceedings which expedite the process if the proper conditions are met. And, under normal circumstances, probating of the estate is necessary to cut off the claims of creditors and pass clear title to estate assets, assuming no other estate planning methods have been used to avoid the probate process. To the O.P., feel free to message me offline if you'd like to talk. One of my law licenses just so happens to be from the State of Illinois. -ShneaSIG Oh, by the way, which one's "Pink?" | |||
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| Member |
the second that anyone asks you to be an executor of their estate , the answer MUST include " only if I can manage your estate from this day forward " and more often than not you really really need to factor in the amount of work and what it will cost you , and let them know that the estate may be charged for your services. my brother did it twice for two family members and he said never again for anyone w/o these rules Safety, Situational Awareness and proficiency. Neck Ties, Hats and ammo brass, Never ,ever touch'em w/o asking first | |||
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| Repressed |
Really? Is that so? See my post above about legal advice on the internet. -ShneaSIG Oh, by the way, which one's "Pink?" | |||
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| Member |
from his perspective, a lot of old people live in denial that life just takes care of itself and all will be happy , so they do nothing with the property(s) or funds. when in reality everything should be done , on paper and decided many months prior to a death. more often than not an executor trying to tie up all kinds of loose ends , post funeral, will be a giant target by those feeling cheated , slighted or stolen from. the dying person has the ability to abate any and all harsh feelings so that no one is contesting anything, giant wedges of sentiment and ownership will separate all kinds of families, unless all is settled pre funeral Safety, Situational Awareness and proficiency. Neck Ties, Hats and ammo brass, Never ,ever touch'em w/o asking first | |||
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