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Can executors who have a copy of a will go to the home of the trustee remove items stated in the will before the person is deceased?
Wiki User
∙ 11y ago
No. A will (i.e. Last Will & Testament) is inactive until a person dies.
After a person dies, then the terms specified in the will can be executed by the executor/s of the will.
A trustee is usually the name given to a person who is involved with the administration of a "Trust". A "Trust" and a "Last Will & Testament" are not the same legal instruments/documents (although they could be referred to in both documents for an executor/s to implement/follow).
Wiki User
∙ 11y ago
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How can you find information on a persons living trust?
If the person is deceased, you can contact the trustee if you know who the trustee is.
What happen to a will if both executors 2 ea and beneficiary 2 ea dies before the person who made the will pass on?
I get it.
Will set up a trust but trust was not funded can the executor raid the estate to fund fees for himself as trustee?
No, he cannot. The offices of testamentary trustee and exutor are separate and distinct from one another even if the same person is to serve as both. Compensation for a trustee comes out of the funds in the trust for work done by the trustee on behalf of the trust. If the trust is unfunded, there are no assets out of which to pay fees to the trustee. Also, if the trust is unfunded then the trustee has done nothing to earn any trustee fees. Compensation of trustees and executors is governed by state laws, so it is important to check the laws of the state of probate for the details.
My deceased mother named a trustee on my Grandma's trust and I have power of attorney for my mother Do I become the new trustee?
No you do not. The next person in the list on your Grandmother's trust document steps in as the successor trustee. Powers of attorney are invalid once the principal has died. Your mother's Power of Attorney (which has expired) has nothing to do with your Grandmother's trust.
Why should you use 'was' in a question about someone who lived before but who is now deceased rather than using 'is' in the question?
The verb 'is' denotes present tense. A deceased person, the deceased wife of the person, and the deceased children of that person are not living in the present tense. Therefore, 'was' is the appropriate verb.
Are executors entitled to get paid before the parent dies?
The executor does not have any rights or responsibilities before the person dies. Being paid makes no sense and is not a legal right.
Can a trustee refuse to give disbursements to a beneficiary under a living person's trust?
No. The trustee only has the power granted in the document that created the trust. If the trust was drafted properly, there are provisions in the trust document for the removal of the trustee and for appointing a new trustee. If not, then the matter can be brought before a judge and the court can remove a trustee who is violating the terms of the trust.
How do you answer 'Place of residence' on a legal form when it refers to a deceased person?
Just write "deceased." * In all likelihood the request is for the last known address where the person lived before they died.
Can a check written by a deceased person be cashed?
It is highly unlikely that a bank will cash a check written by a deceased person. The bank has no way to verify that the check was written before the death.
Can a senile person be a trustee?
No.
How do you get a copy of the entire trust of a deceased person?
To obtain a copy of the entire trust of a deceased person, you typically need to request it from the executor or trustee of the trust. They are usually responsible for administering the trust and should have a copy on file. Alternatively, you may need to contact the probate court or an attorney involved in the probate process.
Can a second cousin be a trustee?
Certainly, any reliable person can be named a trustee.
