what happens if you are unable to serve someone
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CindiW Police force Topic Starter Fellow member
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That is my question. Nosotros have a will, executor equally written in will has agreed, simply what happens if subsequently on he refuses to be executor?
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Another executor will need to be named.
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zddoodah Well-Known Member
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I'm curious what you mean by " We have a volition."
In whatsoever event, information technology is typically for a person, in his/her volition, to nominate an executor and also nominate 1 or two "back ups" in the issue that the outset nominated executor is unable or unwilling to serve. For example: "I nominate John Smith to serve every bit personal representative of my estate. If John Smith is unable or unwilling to serve, and then I nominate Susan Jones to serve as personal representative. If both John Smith and Susan Jones are unable or unwilling to serve, then I nominate Pat Johnson to serve as personal representative."
If, at the end of the day, all of the nominated individuals are unable or unwilling to serve, someone else will seek to practice information technology, and at that place is always a public administrator for situations in which no one steps up.
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CindiW Police Topic Starter Member
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Ok give thanks you that helps. "We" is me and my husband.
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welkin Active Member
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You take the volition to the probate court and y'all abdicate. Pregnant that you lot step down. They take a course for you to fill out. If the will names a successor and that person is willing to take on the role, information technology would be a good thing if they went with you and they volition be named the executor/trix..
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Zigner Well-Known Member
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That's what happens once i has been appointed. The OP is asking about what happens if the named representative refuses the initial appointment.
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welkin Active Member
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I disagree. The named executor never has to exist appointed. They can refuse. To be appointed they have to present the will and themselves to the probate courtroom. They can forsake right then and there.
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Zigner Well-Known Fellow member
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Huh?
Permit'due south step through this:A person writes a volition. In that volition, they name a person as "executor" (representative). Until the named person files the will with the court and requests (and is granted) engagement, that person has no authorisation to practise anything. If that person fails to do anything, another person (often, a person named in the will as successor to the originally named representative) can accept the will to the court and file a asking to exist appointed equally representative.
As I stated, the originally named "executor" doesn't accept to do anything except turn down to practise annihilation. What, exactly, are you disagreeing with?
Originally, you stated that the originally named "executor" had to take steps with the court in gild to turn down appointment, and that is not true.
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welkin Active Member
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Yous are incorrect. Someone has to bring the will to the probate court. That is likely the person that the will was entrusted to and is likely the named executor/trix. When the probate court clerk reads the volition they detect who is the named executor. Right then and there the named executor (if present) tin abdicate and say I refuse to be named the executor. The will still is not registered into probate with a named executor.
This happens more than you lot know. Someone writes a will appointing two siblings as executors. They live thousands mile apart. If both were name as executors then every certificate would have to exist signed by both. There are a lot of documents that accept to be signed to probate an estate.
They go to submit the will and one sibling abdicates and let's the other handle the probate. That is what happens. Or when a named executor decides not to accept the engagement, and an alternative is willing, one abdicates and the other is appointed.
In Pennsylvania they call information technology RENUNCIATION.
Hither is the course:
http://www.pacourts.us/assets/files/setting-878/file-5410.pdf
That form is filed when the volition is entered into probate.
Section 3155 - Title twenty - DECEDENTS, ESTATES AND FIDUCIARIES
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Zigner Well-Known Member
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Afterwards all that you wrote, what am I wrong nearly? Are you saying that the named executor MUST take these steps? Please cite the legal requirement.
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zddoodah Well-Known Member
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Does that mean you have a single will that covers the two of you?
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welkin Active Member
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That a named executor/trix doesn't have to commencement be named in an open probate to forsake the position. They can practice that when the will is presented to probate. -
Zigner Well-Known Member
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I didn't say that at all. What I am saying is that a nominated representative doesn't have to do anything, and that by failing to human activity, that would be considered a refusal (or inability) to perform the duties. Are you lot saying that a nominated representative is required, by law, to "abdicate" with some specific human action? If you lot are, and then heck, I'm gonna nominate George Lucas just so that he HAS to human activity upon his refusal, else chance being forced to exist the representative of my manor.
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welkin Active Member
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Generally speaking someone that is named in a volition every bit executor is someone the decedent knew and trusted and may have give their will to for safe keeping. To only ignore the fact that a volition needs to enter probate is something I don't sympathize so the named person does nil according to yous.
You are being argumentative when you know what I am saying.
The question was can a named executor not take the position. The respond is yeah past filling out the form that I linked to and submitting information technology to the probate court along with the will. Or if contacted by the court if they were not the one submitting the volition. Is that clear enough for you at present?
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You only don't get it. The nominated executor need do NOTHING to not exist the executor.
Bob writes a will nominating Bill equally the executor. Bob dies. Bill sits at home and binges every episode of Days of Our Lives and never responds to calls, letters, or any other method used to contact him. He won't exist the executor.
Bill doesn't take to contact the court that he doesn't want to be the executor.
Last edited: Jul 24, 2020 -
Zigner Well-Known Member
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Your respond is not incorrect, but it is not complete and is therefor misleading. You lot present this as the ONLY way to do it, but it's not the simply style to do it. Your statements imply that the nominated representative MUST take some activity in club to decline the position, which is wrong.
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CindiW Police Topic Starter Member
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I probably didn't brand myself clear. I am asking what happens if, afterward nosotros both die, the named executor decides it's as well much for him. Then what happens? We accept the avails (if there whatever left) appropriated to the sources we want them to get to.
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CindiW Constabulary Topic Starter Member
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Thank you for answer. Yes, we have friends correct now that volition know if we die. So I Guess and Suppose that if the named executor is not in a position to do what he has agreed upon, then the ones who know (and they are responsible homo beings, so nosotros can alarm them as to the will, even though they are not named every bit executors), will know what to do. Which is, I guess, bring it to probate court. What a mess these wills are. Just I gauge they're ameliorate than nothing. Or are they?
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CindiW Law Topic Starter Member
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In add-on, I still don't empathize. Nosotros just had the added paper notarized and made up by a lawyer adding an executor. OK, so I gauge I should bother the lawyer to figure what does the executor do in the state of PA to disperse the whatevers.
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Zigner Well-Known Member
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You fabricated yourself perfectly clear. If the person you nominated to be the executor decides he doesn't want to practice information technology, then he doesn't have to do it. You lot should proper name an additional person (or additional persons) every bit successor/alternate representatives in case the showtime one doesn't want to serve in that chapters.
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