Mississippi Complaint to Probate Will and Appoint Executor
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How to fill out Mississippi Complaint To Probate Will And Appoint Executor?
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FAQ
Forcing the probate will be easy. This is done by filing a petition to probate the estate as a creditor, which you do have a right to do. The family, will probably object but if a family member is awarded Letters, then you will be able to file a creditor...
An executor is someone named in your will, or appointed by the court, who is given the legal responsibility to take care of any remaining financial obligations. Typical duties include: Distributing assets according to the will. Maintaining property until the estate is settled (e.g., upkeep of a house)
Can an executor change a will after the death of the testator? No. The executors of a will have a duty to act in the best interests of the estate and the people named in it. So, an executor can't change the will without the permission of the beneficiaries.
Do you need an executor? Technically, you do not need to appoint an executor. But somebody will have to deal with winding up your estate when you die, no matter how little you own. If you haven't appointed at least one executor, or if you named executor has died, then someone else will step in as an administrator.
Only parties with legal standing can force an executor to finalize an estate. Individuals with a legal interest in an estate have standing. Examples of interested parties would be beneficiaries and heirs, or conservators or guardians named in a will.
Technically, you do not need to appoint an executor. But somebody will have to deal with winding up your estate when you die, no matter how little you own. If you haven't appointed at least one executor, or if you named executor has died, then someone else will step in as an administrator.
If an executor fails to carry out what the will asks for, a beneficiary or other interested person, such as a creditor, may petition the probate court to have the executor removed.
If after a reasonable time (6-9 months) you can demand that the executor provide an accounting of all estate assets. If the executor does not respond, you can ask the court to issue a. If the executor still does not respond, you can as the judge to.
If an Executor breaches this duty, then they can be held personally financially liable for their mistakes, and the financial claim that is made against them can be substantial. In an extreme example of this, one Personal Representative failed to settle the Inheritance Tax bill before distributing the Estate.