What power does an executor over a will have?

Question

If other siblings are involed and you were named the only one as executor, what happens in the decision making process?

Answer 1

"What power does an executor over a will have? If other siblings are involved and you were named the only one as executor, what happens in the decision making process?"

The quick answer to your question is "The executor has specific powers designated by law and given exclusively to the executor in the Last Will and Testament through which they received that office."

Here's an example:
Powers of the Personal Representative

I hereby grant to my Personal Representative, with respect to all property which shall at any time constitute a part of my estate, all powers granted to that office by the laws of the [State], including the right to make all tax elections of any nature which in any manner affect my estate under federal or state law. These powers shall be exercised at the discretion of my Personal Representative. In addition to any powers now or hereafter conferred upon the Personal Representative by law, including all power granted under independent administration, the Personal Representative shall have the power to:
A.Sell estate assets at public or private sale for cash or on credit terms.
B.Lease residuary estate assets without restriction as to duration, and
C.Invest any surplus money of the estate in real or personal property, as the Personal Representative deems advisable.

There could be more depending on the will. Basically, the executor carries out the wishes of the deceased-- and if he doesn't then anyone who is named as a beneficiary or who might inherit based on the laws of intestacy (no will) has a right to go before the court to get a new executor and to enforce or contest the provisions of the will.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 2

Ask a lawyer for clarification. It's my understanding,( it's more "iron-clad" if it were in writing before the person deceased), that if a person is given power of attorney, which would automatically make them executor, they remain so at time of death. The only way that would change, as is my understanding, is(1) if a new will were drawn up prior to death naming a new executor (2) no executor were ever named and everything would be under state control.

Answer 3

My mother in law put the house in 8 childrens name prior to death. There was a will involved and an executor named. Is the executor at this point just responsible for the contents of the home or do they have power in what happens to the home as far as fixing it up or selling of the house.

Answer 4

The executor is charged with carrying out the terms of the will. The decision making process has already been done by the person who wrote the will. The executor has no special powers or priviliges. It is a position of service, not a position of power.

Answer 5

The will sets out all of the decisions for the most part. It is the job of the executor to get control of all of the assets, pay the final expenses of the deceased, and distribute the money according to the terms of the will. If the will leaves discretion to the executor, then only he gets to make the decision - no one else. If you believe that the executor is not doing his job properly, then you should contest the will or contest him being the executor, or otherwise notify the court.

Answer 6

The executor is the person designated by the deceased to administer all the wishes of the departed. In most states, the executor is entitled to 10% of the estate for his/her time and effort. Since the person who is dead has, hopefully, made his/her wishes clear, the executor is obligated to adhere to these as closely as possible.

Answer 7

If someone leaves a will and you are named as an executor, you have to abide by what is written in the will. It also has to go through probate!

Answer 8

does an executor have to keep the heirs of a will informed of everthing they are doing