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Just a guess, Alec, would that be, "what is a Power of Attorney"?

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βˆ™ 16y ago
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Q: What is a waiver of security in regards to deceased estate executors?
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When a proprty is sold do both executors get the money?

Executors do not get the money, it goes to the estate. The executors distribute the estate per the will or laws of intestacy.


Can executors use the money from the deceased bank account for personal use?

No! The executor of a will is responsible to safe guard the assets of the estate. They are also entitled to compensation for their services. They must give a full accounting of the estate to the probate court before it can be closed out.


What percentage of executors or administrators charge the estate?

There are no clear numbers on the percentage of executors that charge the estate for their services. Estimates put this number at anywhere from 40 to 75 percent.


Can you put a joke in a will?

Yes. Sometimes the deceased leaves the bulk of their estate to an animal (like a favorite dog) which the surviving family regards as a joke.


For how long should executors of a will keep the bank statements of the deceased?

The executor's duties end when the final account is allowed and the estate is thereby closed. The heirs could request the personal papers of the decedent at that time.


In New York are the executors and beneficiaries of an estate responsible for the deceased individual's credit card debts if the executor-beneficiary was not on the credit card account?

The deceased estate is responsible for repayment of debt, with secured debts taking priority. With the exeption of property which is ruled exempt to probate procedures, assets will not be distributed to named heirs until debts are satisfied.


Executors fee is based on a percent of what?

There is no fixed rule. Every company is different, it could be of the gross estate, it could be of the net estate, it could be of the property value. It could be anything, consult the executors


Can there be only one co-executor?

No, in fact, you can have as many co-executors as needed. However, as you can imagine, the more co-executors you have, the more complicated administering the estate becomes. I always suggest that only one executor is named, followed by an alternate executor if the original executor cannot act, or has pre-deceased the testator.


A silver dollar collection was found and the executors want to inventory it but two of the beneficiaries are objecting is it acceptable for the executors to inventory it anyway?

The beneficiaries have no authority as to how an estate is to be handled. That is the duty of the executor or executrix who will be held personally and legally accountable to the court for all assets and property belonging to the deceased. Therefore the executor has a legal obligation to inventory ALL property and assets and to accurately enter them into the probate filing of the estate.


How are disputes handled between two co-executors of an estate?

The co-executors should discuss the issue with the attorney who is handling the estate. If the dispute cannot be resolved the matter should be brought before the court for a ruling.


In NJ is the Executors fee based on the gross or net amount of the estate?

Gross.


Do you need a will to cash in your fathers savings bond he is deceased?

The bond likely has a Social Security number on it, so, it will be impossible for you to cash it, without makeing it part of the estate and having the executator do it. Even if they are broke, that doesnt mean you cannot cash him/her out. You can electe an executor, and they can pay bills (or debts) from the money in the estate. I've never really seen executors get sued by anyone other then relatives, who feel slighted. -- If they did not have a will, then they have the default will. (There is a default will in every state).