How do you find out if someone left you something in a will?
How do you find out if someone left you something in a will?
The best and most efficient way to find out is to ask that person’s executor or attorney. If you don’t know who that is or if you are uncomfortable approaching them, you can search the probate court records in the county where the deceased person lived.
Can an executor override a beneficiary?
Yes, an executor can override a beneficiary’s wishes as long as they are following the will or, alternative, any court orders. Executors have a fiduciary duty to the estate beneficiaries requiring them to distribute estate assets as stated in the will.
How soon after someone dies is the will read?
In most cases, a will is probated and assets distributed within eight to twelve months from the time the will is filed with the court. Probating a will is a process with many steps, but with attention to detail it can be moved along. Because beneficiaries are paid last, the entire estate must be settled first.
Does an executor have to follow the will?
In short, the executor makes the majority of the decisions regarding the distribution of the estate. Although they must follow the instructions in the deceased’s Will, sometimes they do have the power to make certain decisions. In these cases, the court can appoint a new executor.
What if trustee refuses to distribute assets?
If you fail to receive a trust distribution, you may want to consider filing a petition to remove the trustee. A trust beneficiary has the right to file a petition with the court seeking to remove the trustee. A beneficiary can also ask the court to suspend the trustee pending removal.
How long does an executor have to execute a will?
The executor’s first task is to institute probate proceedings by filing petitions to be appointed executor and to admit the estate. Some states have a deadline for initiating this process, often between 10 and 90 days from the date of the deceased’s passing or from when the executor received notice of death.
Can a person be both executor and trustee?
Your executor and successor trustee can usually be the same person, and it’s actually a quite common arrangement. It helps to understand the roles of the executor and the successor trustee in your estate plan as you make a decision because some of the factors can be personal.
Can trustee sell property without all beneficiaries approving?
Yes. But is it a good idea to for the trustee to sell the property without all beneficiaries approving? Not really. Putting himself in such a risky position is what a trustee cannot do.
