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Mom the executrix of grandma's estate is paying for your cousins' therapy using money from the estate - this is not a condition of the will - is this legal while the estate is still in probate?
Wiki User
∙ 14y ago
If your mother is keeping receipts for the doctor's visits your cousin is going too, and your mother is in the Will as well as being Executrix, then she has to deduct this portion off her share of any monies left to her after the Will is probated. Example: Your mom has to divide the Will up between herself, sisters, etc., that may be in your grandmother's Will. If your mother chose to use this money to help your cousin and has not asked for permission from the Heirs in the Will, she is actually breaking the law unless your mother is the sole Heir. When in Probate this is to be sure all outstanding debts are paid for and no house taxes are due. Once this is done (approx. 1 year) then the monies/properties are acted out in accordance to your grandmother's Will by a lawyer. If you mother cannot account with receipts for the money spent on the cousin, then she could be in big trouble and will have to replace this money back into the Estate.
Wiki User
∙ 14y ago
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In Texas does an heir need an attorney to file a request with the probate court for a review of the executrix's accounting of the estate?
No, but the action is not necessary as auditing the estate is one of the procedures done within the probate court.
What can one do when property left to them in a will has disappeared once the executrix became involved?
File a lawsuit against the executrix for mishandling their fiduciary duties. However, you will have to prove you were the rightful beneficiary. First, however, get a copy of the will from your local Probate Court and be sure of its' provisions.
How do I proceed with Mother's affairs after her death when I am the only beneficiary and executrix of will?
Obtain a Letter of Authority from the Probate Court and proceed to execute the will and settle the estate.
Your mom died and your sisters have taken all the copies of the wills you heard through an Aunt that you were the Executrix What now?
One of the copies will probably need to be posted in the probate court, at which time you will be appointed as the named executrix. If they destroy all copies of the will, that is a different sort of problem.
How do you force out executrix of will?
If there are grounds to remove an executrix of a will, you typically need to petition the probate court. Common reasons for removal include misconduct, conflict of interest, or incompetence. It's recommended to consult with a probate attorney to guide you through this legal process.
What to do if the Co executrix are not willing to cooperate?
Unfortunatley this is what happens when there is more than one Executor to an estate. You will have to appraach the Probate Court with your impasse and request their intervention or mediation.
Do children get to see their fathers Will when the stepmother is the executrix?
Typically, children do have the right to see their father's will, regardless of who the executor is. They may need to request a copy of the will from the executrix or the probate court in order to review its contents. Communication and transparency are key in these situations to ensure all parties involved understand the distribution of assets.
If a child is alternate executrix of father's will and the step mom is the executrix does the child legally have the right to obtain copy of the will?
Absolutely! Many people have either 2 Executrixs (female) or perhaps an Exector (male) and Executrix. Executrix's aren't taken lightly and they are to follow the wishes of the deceased to the letter. This means paying off all bills and other debts, and then the Estate goes into Probate and they will be sure all person/property taxes are paid and all creditors are paid. Once this is done then what is left in the Estate will be disbursed to any Heirs that the deceased mentioned in the Will. The Executrix can also collect 1% - 3.5% out of the total assests of the Estate for carrying out this duty, but anything over 3.5% may go into court as it's on the high side. Usually family within family won't charge anything for being Executrix or if they feel they deserve it won't go over 2% of the total Estate. Marcy * The person will need to file a request with the probate court to obtain a copy of the will if the primary executor or executrix refuses to supply them a copy.
Can the executrix of an estate dissolve the estate without the consent of the beneficiaries?
Certainly, as long as the court accepts the disposition of the property and the settlement of debts. Consult a probate attorney in the state in question.
What happens when an executrix of an estate dies before the estate is settled?
Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work.
Does the Executrix need to provide receipts with the first and final accounting of a probate estate?
Good records are an important to all executors. A full accounting should be available if the court should request it.
How can daughter in Australia obtain a copy of fathers will after probate finished when executrix and lawyer in UK will not provide a copy of the will?
If the will was properly filed for probate then you should be able to bypass the lawyer and executer and obtain a copy from the court. The information at the link below may help you to begin making inquiries.
