I am a benifitiary for a will but one of the executors is refuseing to sign the probate form because they want a previous will to be reinstated, is there anything i or the other executor (who is also benifitiary) can do?
2007-07-19 23:31:29 · 7 answers · asked by , 2 in Politics & Government ➔ Law & Ethics
Sorry for not being clearer they want to reinstate the %'s for benifitiarys from the old will not the actuall will itself
2007-07-19 23:43:43 · update #1
You can take him to court and the judge will order him to sign. He could be charged with malfeasance. Is he an attorney?
2007-07-19 23:52:09 · answer #1 · answered by arejokerswild 6 · 3⤊ 0⤋
A properly drawn will should have a clause revoking any previous one. If that's so, any previous will is completely worthless. The executor can't change the terms of a will, he/she is required to abide by it.
The executor or administrator are watched over by the court to make sure their actions abide by the law. For instance, they would have to gain permission of the court to sell property owned by the estate.
These representatives are paid actual expenses incurred in managing and settling the estate. In addition, the normal fee paid is around 2% of the value of the estate. If the estate is large, this 2% fee is usually reduced. These payments to the representative are governed by the manner in which the person performs their duties in settling the estate. If they do not perform satisfactorily, the court can order a reduction in the pay they receive. This fee income is subject to income tax.
If you're concerned about something devious being done with a will, I'd strongly suggest you consult a solicitor for guidance. As beneficiaries you don't have much input into the process, but we all have a duty to see that the law is observed.
2007-07-20 01:43:24 · answer #2 · answered by champer 7 · 0⤊ 0⤋
You need to answer IF probate has begun and where it is taking place.
EDITED BASED ON ADDITIONAL INFORMATION:
Then you have two options:
1. Tell the executor, in a certified letter, that they have a fiduciary as well as a judicial obligation to adhere to the laws of your state. If they cannot or WILL not, then you will exercise option 2 below;
2. Petition the court for the removal of the executor on the basis of fiduciary misconduct.
2007-07-19 23:52:32 · answer #3 · answered by hexeliebe 6 · 0⤊ 0⤋
The usual practice is that the latest will and testament revokes all previous wills. Providing the will is properly witnessed I don't think it can be overturned unless some sort of proof of duress or undue pressure can be proved. A court can soon decide these issues . A court can also over ride the decision of the other executor not to sign the documents .A solicitor can help.
2007-07-19 23:41:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If the will that you have has been place in the public record, on file with the Clerk of Court, it will supersede the other one. Did you place yours in the public record? If not, a probate Judge will make the decision.
2007-07-19 23:41:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Take it to court and the judge will be left to decide which will will stand.
2007-07-19 23:36:48 · answer #6 · answered by kyghostchaser2006 3 · 0⤊ 0⤋
Take the will to probate court and petition the court to execute the will.
2007-07-19 23:42:55 · answer #7 · answered by regerugged 7 · 1⤊ 0⤋
new will over rides any old wills as long as it is signed and dated.
2007-07-22 06:06:01 · answer #8 · answered by Anonymous · 1⤊ 0⤋