Thursday, 7 September 2017

Does the executor of a will have the final say

Does executor of an estate have final say? Can an executor ignore a will? Can the executor of will make any decisions? What is the role of an executor in a will?


No, the Executor does not have the final say but can petition the courts when an estate matter arises that calls for a sale of a property, for example, that best suits the Testator of the will and all the beneficiaries. As executor you have the final say on what happens to the estate.

A solicitor can take care of the legal side of things, but the executor has to make the final decisions on what happens. Unless specified in the will, or unless the home. First, you are making some assumptions that are probably not true.


Nothing that a person owns is legally a part of his estate until the day he dies. Lets say I have $million dollars in my bank account in January and a will that says half. Yes, but only if they comply with the law. So long as they stay within those boundaries, they do have the final say. The Executor of a Will is the person named in the Last Will and Testament to take responsibility for carrying out the instructions.


You appoint the Executor who must secure all of your assets, gather them up, and then distribute the assets to the beneficiaries according to the instructions in the Will.

The estate is then responsible for dealing with the disposal of both the assets and liabilities. In most cases, an estate will have an executor who works to oversee this process. Though an executor has the power to make the needed decisions to settle an estate, these decisions are not necessarily final. For those wondering “ does the executor have the final say” the short answer is this: Yes.


An executor appointed by a New York court does not have to seek approval of the beneficiaries. An executor has many responsibilities, and most of those relate to the next of kin of the decedent. The closest living relatives of the decedent often have the most to inherit from a decedent’s estate and as a result can be greatly affected by how the executor carries out his duties.


In sum, the executor does have a final say in who they choose as the probate lawyer and the real estate broker, in the list price and sale price, and the terms of the contract. This is provided that there’s no self-dealing, the legal fees and commission are reasonable, and the sale price is fair market value. Does the executor of a will have the final say ? An executor of a will is somebody you nominate to carry out the wishes left in your will.


They could be a frien family member or a professional – the most important thing is that they feel comfortable and confident administering your estate. Usually, the person making the will (in legal terms, the testator) nominates one or more executors in his or her will , having already asked each whether he or she is willing to act. In general terms, this means that the executor is required to manage the decedent’s estate to maximize the value of the property that the beneficiaries receive.


The answer is, the executor does not have to seek the beneficiaries’ approval, but in many cases, it is better for an executor to seek beneficiaries’ approval before they sell a property, rather than to be sued by the beneficiaries later. An executor is someone named in a will as responsible for sorting out the estate of the person who’s died. The executor has the final say , but the price needs to be fair market value.


The person who died will normally have told you if you’re an executor.

Although the intuitive response to that question would likely be “yes,” that would be incorrect in many circumstances. New Jersey Law provides that a person may, in a Will, appoint someone to control their funeral and disposition of their remains. While Wills in New Jersey.

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