Executor Citation Beneficiary Without Consent
Description
How to fill out Release And Exoneration Of Executor On Distribution To Beneficiary Of Will And Waiver Of Citation Of Final Settlement?
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FAQ
Simply put, an executor cannot override a beneficiary. The executor's role is to administer the estate and ensure the will's directives are carried out, not alter them.
If the executor hasn't notified you about the death or shown you the will within a reasonable amount of time ? or if they aren't keeping you in the loop about how probate is going, this may signal a lack of honesty on the executor's part.
A beneficiary can renounce their interest from the trust and, upon the consent of other beneficiaries, be allowed to exit. A trustee cannot remove a beneficiary from an irrevocable trust. A grantor can remove a beneficiary from a revocable trust by going back to the trust deed codes that allow for the same.
An executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duty.
Any person may waive their right to be personally served, and they do that by signing a Waiver of Citation. A Waiver of Citation is an affidavit in which the sued person essentially says, ?I waive my right to be personally served, and enter my appearance in this case?.