You can do this by drafting a Codicil and attaching it to your Will. A Codicil is drafted in the same form as a Will. Simply make a change to the section regarding beneficiaries. It should state clearly which article (or gift) of the Will is being removed from the Will. You must sign, have it notarized and attach it to you existing will. Depending on how long ago you made your initial will, you might want to review and perhaps draft a new one which will include the statement that any previous wills are null and void.
You need to review the terms of the trust. All the provisions are recited in the trust document.
You need to review the terms of the trust. All the provisions are recited in the trust document.
You need to review the terms of the trust. All the provisions are recited in the trust document.
You need to review the terms of the trust. All the provisions are recited in the trust document.
Yes, an executor of a will in Queensland is also considered a trustee. The executor's role includes managing the deceased's estate and distributing assets to the beneficiaries in accordance with the terms of the will, which involves acting in a fiduciary capacity similar to that of a trustee.
No, an executor and a trustee are not the same. An executor is responsible for managing the deceased's estate and ensuring the terms of the will are carried out, while a trustee manages assets in a trust for the benefit of the beneficiaries during the trust's duration.
This could be ground for an action for removal of the executor. A personal representative, whether an executor of a will or a trustee of an estate, may be removed for failing to meet the responsibilities of the position. Any interested person can petition to remove an executor. An interested person is usually any present or future beneficiary or creditor who has a stake in the estate. The petition for removal may be combined with a request for appointing a new, alternative personal representative.
There is no executor of probate. The executor of the estate executes the will and probates the estate.
The executor has a responsibility to preserve the estate. They can remove items for appraisal and sale, but the assets still remain a part of the estate until properly distributed.
No, the executor cannot sell property that is in a trust.First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.
The court will appoint an administrator/executor/trustee, if no one is named in the will.
A living trust has a Trustee (not an executor). You can bring a lawsuit against the Trustee. In the lawsuit the trustee will have to show what was done with the money, and the court will judge whether it is against the law or not. The trustee has a fiduciary responsibility and if that is violated, and there is proof, the trustee will lose the lawsuit and you will win damages.
A trust doesn't have an executor. A trustee manages a trust according to the provisions set forth in the instrument that created the trust- the Declaration of Trust. You need to review that declaration to determine what the trustee can do and how.
A trust doesn't have an executor. It has a trustee. The trustee manages the trust according to the terms of the trust.
What is the executor of the estate for the titanic?
Only a court can remove an executor and appoint a successor executor. A trust document should provide for the appointment of a successor trustee. If it doesn't the court will appoint one if asked to do so. Those two offices and issues are separate.