Unless the testator (maker of the will) is dead, the testator can always change or revoke the will.
If the testator has died, the will must be admitted to probate and the executor must follow the testator's wishes, unless there are debts of the estate that cannot be covered by non-allocated estate assets. If there is no provision in the will for this situation, the executor usually reduces each gift pro-rata until the debts are paid, but state law may provide for a different procedure.
Many wills establish testamentary trusts for gifts to persons under a certain age, and the executor is often named as trustee. If that is the case, again the executor as trustee is bound by the terms of the trust and cannot "take" your money.
2007-02-12 02:07:03
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answer #1
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answered by thylawyer 7
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There must be an Executor of the choose who will be entrusted with the duty of to verify that the resources are disbursed in accordance to the provisions of the choose. now and again more beneficial than one Executor will be required to execute the choose. The Testator (individual making the choose) ought to take the faster consent of the fellow whom he or she needs to call because the Executor. in order to save time, money, and taxes, to simplify the settlement of an resources, and to provide an executor flexibility settling an resources,it truly is often cautioned that a Will provide to an executor a number of powers or guidelines to finish some acts with out first securing court docket permission to finish that. The executor is your human being representative of your resources. The Executor has countless significant time-honored jobs which incorporates (a million) administering the resources and dispensing the resources for your beneficiaries, (2) making tax judgements, (3) to verify that all and diverse coverage proceeds are gained and accounted for, and (4) filing mandatory tax returns. The executor will be everybody of your decision. in additional than a number of circumstances, customers opt for a spouse to be their executor with a son or daughter to be the alternative executor. If picking a spouse or toddler as executor does no longer meet your needs, then everybody will be chosen. For even if reason that you would have, your will can affirmatively exclude someone from receiving their “percentage” of your resources. generally the executors do no longer eliminate the share of the resources
2016-11-27 03:48:35
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answer #2
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answered by ? 3
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An executor is usually there to keep things simple and NO they cannot take your share
2007-02-12 02:08:23
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answer #3
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answered by Anonymous
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You have an equitable title to enforce, so stop worrying, normally solicitors will be acitng on behalf of the estate, and will be liasing with the executors, should get your own solicitor if you are concerned, but it might eat in your share so to speak!
2007-02-12 13:16:11
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answer #4
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answered by logicalawyer 3
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It is legally protected. However, if you don't trust the executor, you should hire your own attorney. Estate law is tricky and if the executor is shifty, laws or no laws, he or she might be tempted to take the money anyway.
2007-02-12 02:00:50
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answer #5
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answered by Bush Invented the Google 6
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no they cannot otherwise they have commited theft . An executor is there to ensure that the terms of the will are carried out; assuming that there are the funds to pay out what is left.
2007-02-12 02:01:40
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answer #6
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answered by D B 6
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hire your own solicitor if in doubt although the Executor couldn't really take your money without getting done for fraud.
2007-02-12 02:02:51
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answer #7
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answered by Charlene 6
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