Executor vs beneficiary rights

    • [PDF File]Removing a Trustee or Executor in a Testamentary Setting ...

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      2. The offices of executor and trustee are distinctly different. 3. However, “in modern times, largely as the result of statute, the two offices have a greater similarity than before. An executor, like a trustee, is in a fiduciary relation with the beneficiary and the essential elements of a trust are all present in executorship.

    • [PDF File]A Summary of California Trustee and Beneficiary ...

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      If potential conflicts exist, often disputes can be avoided by obtaining prior beneficiary or Court approval of the action to be taken. The trustee should act impartially between the competing interests of the various beneficiaries. Unless the trust specifies otherwise, the trustee should not favor a particular beneficiary or class of ...

    • [PDF File]Nuts & Bolts of Illinois Probate Estate Administration I ...

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      An executor is a fiduciary, and as such, has a duty to its beneficiaries to carry out the terms of a Will with the highest degree of fidelity and good faith. 2 A. An Executor or Personal Representative is appointed under the decedent’s Will. The

    • [PDF File]SUPERIOR COURT Petitioner; John-Doe; Smith Beneficiary ...

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      beneficiary / creditor / executor for john doe smith case #_____ vs administrative law judge _____ state of _____ fidiucaiary trustee fictitious plaintiff / defendant judicial notice notification of administrative violations administrative procedures, title 5 u.s.c.,

    • [PDF File]EXECUTOR’S HANDBOOK

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      When you become an Executor you are really becoming a legal Trustee with all the rights and responsibilities ... duties as the Executor. Beneficiary: This is the person named to receive goods or benefits under the Testator’s Will or pursuant ... Executor (or Administrator) has the legal authority to act as the representative of the

    • [PDF File]Trust Accounts, Representative Payee and Deceased Accounts

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      •Determine beneficiary’s needs and use the payments to meet those needs •Save any money left in an interest bearing account or savings bonds for the beneficiary’s future needs after meeting the current needs are met •Report any changes or events which could affect the beneficiary’s eligibility for benefits or payment amount

    • [PDF File]Use of Declatory Judgements In Probate Court

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      Executor sought determination of its authority to sell house under terms of will. Estates Construction Coleman v. Coleman 350 S.W.3d 201 San Antonio 5/11/11 MSJ Yes Not presented Parties sought declaratory judgment that construed a bequest as excluding rights to royalties from wells drilled after testator's death. Estates Construction Cardona v ...

    • [PDF File]Executor Risks and Responsibilities - Sanlam

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      The responsibilities of an executor An executor’s powers, duties and responsibilities commence once the Master of the High Court has issued an official letter confirming his/her appointment as executor. The executor’s term of office is terminated automatically if he/she dies, or when the Master, or a court, relieves him or her of the office.

    • [PDF File]The Attorney's Duty to the Court Against Concealment ...

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      the testatrix before her death, represented the executor of the In this capacity, Sullins wrote to the nephew telling him of his position as sole beneficiary and that the daughter was contesting the will. The nephew immediately replied in a notarized letter, express- ing his desire not to receive anything under the will and that the ...

    • [PDF File]YOUR GUIDE TO Beneficiary Designations

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      and a personal representative/executor is appointed. A state court determines the validity of the will, if there is ... Per Stirpes vs. Per Capita Beneficiary Designations ... A trust simply transfers the legal rights of your assets to a “trustee(s)” who ...

    • [PDF File]An Executor's Guide to Estate Administration

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      act as Executor. The Surrogate’s Court will issue "Letters Testamentary". Certified copies of these Letters are needed by the Executor to prove to 3rd parties, e.g. banks, that the Executor has authority to act on behalf of the estate. Although the authority to act cannot be granted until a petition for probate has been filed, it is wise to try

    • ETHICAL DILEMMAS INHERENT IN A TRUSTS AND ESTATES PRACTICE

      the other side - other executor or beneficiary.) A lawyer should avoid even the appearance of impropriety B. FIDUCIARY EXCEPTION TO THE ATTORNEY/CLIENT PRIVILEGE 1. Attorney client privilege, under CPLR §4503, deems communications between an attorney and his or her client as confidential unless it falls under very specific exceptions.

    • [PDF File]ADMINISTRATION OF ESTATES

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      A personal representative can be either an ‘executor’ or ‘administrator’. Executors are the persons named ... • If a beneficiary is under the age of 18 years or is suffering from a disability. ... • Claims/disputes by disappointed beneficiaries including the rights of children to make a claim.

    • [PDF File]THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT and ...

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      lifetime emanate from the policy itself. Typically these are the contractual rights to nominate a beneficiary and to change the beneficiary nomination, the right to cede the policy and the right to terminate the policy. 4. 2 Henckert ‘The life assurance policy, beneficiary clauses and marriage: a few aspects’ (1994) TSAR 513. 3 Henckert ...

    • [PDF File]THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF ...

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      First/Third Defendant herein) as his executor. The Deceased named as beneficiaries in his will: his wife, Kaloutie Rattansingh (the First Claimant herein), the Third Defendant and his two daughters, Proveen Pria Rattansingh-Nagee and Ornella Rattansingh (the Second and Third Claimants herein, respectively).

    • VIII. ACCOUNTING AND SETTLEMENT OF ESTATE

      account is contemplated. Such an account might also provide greater protection for the executor seeking to be released from liability, as it would leave little opportunity for a beneficiary to claim at a later date that a release given should be voided due to a lack of full disclosure.

    • [PDF File]Trusts: Common Law and IRC 501(c)(3) and 4947

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      Restatement § 349(a). The sole trustee and sole beneficiary may not be identical, because the purpose of a trust is to separate the legal and equitable interests. Restatement § 115. Beneficiary The beneficiary, also known as the cestui que trust, is the beneficial or equitable owner of the property. The beneficiary is said to have the "use" of

    • [PDF File]Ten Things That Every Trust Beneficiary in Texas Should Know

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      beneficiary’s rights, and (7) disclosure of burdensome, harassing or duplicative requests for information. The law is also not well settled as to who has to pay the trustee’s expenses in obtaining, compiling, copying and dissemination of the information requested. It is my experience that most routine requests will be paid for out

    • Example Document Executor Or Administrator

      Trustee vs Executor: What's the Difference? EXECUTOR, trusts. The word executor, taken in its largest sense, has several acceptations. 1. Executor dativus, who is one called an administrator to an intestate. 2. Executor testamentarius, or one appointed to the office by the last will of a testator, and this is what is usually meant by the term. 2.

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