Anyone know if a person can be named as an executor of a will or an estate while in chapter 13 bankruptcy without being a beneficiary of the estate?
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Can someone be an executor of a will/estate
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I saw an att last week. I explained that I am the executor of my mothers estate and asked if the trustee would have any claim on her estate if anything happened to her during the next 5 years. The att response was no. The executor is just the administrator of her estate and while the trustee can take any money that I may inherit he cannot touch anyone else's inheritance. However, it is my understanding that the executor is entilted to a percentage of the estate as a fee. So what happens if I don't wish to take a fee? Can the trustee force me to take a fee which he will then receive? These are the questions I will be asking at my next consultation.
Just my two cent worth
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Well my husband may be asked to be the executive of his brother's estate with everything going to his sons. My husband would not be getting anything and would not take optional executive fee.
If you find out anything about your mom's estate, etc. and your role in it please let me know12/19/06 Chapter 13
1/22/07 341 Meeting
3/5/07 Confirmation Hearing Continued
6/28/07 CONFIRMED!
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I am sorta in the same boat, as my parents just re-did their will, actually some kind of trust to make sure any assets are protected when the time does come.
I have always been the named executor of the will, however, the attorney did state to my folks, that if I am required to put up a "bond", I will not be "bondable" if I am in a bankruptcy or even close out of one.
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