Legal Question in Wills and Trusts in Oklahoma
executor of will on heirs of land inhereted
does the executor always stay as one. does it expire after the will is probated. when can the other 4 heirs have a say so on things happening.
3 Answers from Attorneys
Re: executor of will on heirs of land inhereted
No, the executor does not always have the say on things. You need to find an Atty in your area who does probate and have him file the proper objections for you.
Probate is a complicated matter, so I strongly suggest that you seek out an Attorney to assist you.
Re: executor of will on heirs of land inhereted
The executor can be replaced through proper procedure and upon proper proof. The Executor should be discharged by the Court after distribution of the estate according to the Final Decree. If you disagree with the way the estate is being handled you should contact a Probate attorney and discuss your concerns with him. If warranted, he can assist you in making sure the estate is porperly handled.
Re: executor of will on heirs of land inhereted
An executor named in a Will must carry out the terms of the Will. If the Will has not been filed for probate, any heir can petition to be appointed as an administrator of the estate to get things started. If the executor has already commenced the probate proceedings and been appointed by the probate court and has Letters of Administration, then he/she must take steps to comply with Oklahoma law as to when certain things must be completed. Such as filing an inventory, giving notice to creditors and heirs and handling the affairs of the estate. An Executor who fails to do these things can be removed. The laws of Oklahoma also give the Executor certain other powers that are not necessarily contained in the Will which he/she may exercise with court approval. If you are a person who could or should take of the property of the Estate, you will receive notices of what the Executor is requesting that the court authorize him/her to do. You can object if you do not agree. Frequently people who have an interest in an Estate are left in the dark as to what is going on or do not know how to go about finding out what is happening. Having an attorney representing your interest or the interest of a class of people under the Will is the best way to make certain that things are happening on a timely basis and properly.