Who is the executor of a will in India?
When you are dead, there is someone called an “Executor” who will be responsible for dividing your wealth amongst the beneficiaries and he will make sure the whole process is smooth (You must have seen this in Hindi movies). It is not legally required to get the will executed in a court of law in presence of a judicial Magistrate in India.
Is the estate automatically passed on to the spouse?
A common misconception, is to believe that all the estate is automatically passed on to the spouse, because children and sometimes even relatives can stake a claim to the property. Laws of inheritance and succession, are complicated and diverse in nature, and are different in case of Hindus and Muslims.
Who is responsible for paying from an estate after death?
Paying From the Estate. After a death, the executor of the deceased’s will is responsible for notifying creditors of the death.
How does the executor of an estate pay off debts?
The executor will then pay off the debts, first by using whatever cash the deceased left, and then by liquidating whatever assets are left. If there is still not enough to pay off the debts, then the estate is declared insolvent.
Who is the executor of my mother’s estate?
Your mother told you that she named you in her Will as Executor of her estate. She trusts your judgment on financial and family matters. Now your mother has died and you ask, “Why me?
Can a beneficiary remove an executor from an estate?
If an heir or beneficiary believes you are not appropriately fulfilling your legal obligations, they have the right to file a petition with the probate court to get a full accounting of the estate’s assets or to have you removed as the executor.
What to do if you are named executor of Mr Stiff’s estate?
You will then want to arrange a meeting with Mr. Stiff’s accountant (if he had one) to determine whether you will need his/her help in the administration of the estate or, at a minimum, for filing the required income tax returns. If the deceased does not have an accountant, you will probably want to engage one.
Who is responsible for paying the estate of the deceased?
An estate is all of the assets owned by the deceased and it’s the responsibility of the deceased’s creditors to file claims for payment from the estate with the probate court in the state where the deceased resided.