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Executor opted to refuse, need to bury body

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lyfIzSweet

Junior Member
What is the name of your state (only U.S. law)? Hawaii

The executor on will opted to refuse the obligation after emptying bank account. The executor happened to be the husband of the caregiver and caregiver was named 100% beneficiary of the will. But now that they have refused to be the executor, there are no funds available to bury the deceased. Can anyone in the family step in & be the executor? How do they go about getting some of the funds back so at least they can bury him?

Thanks.
 


justalayman

Senior Member
=lyfIzSweet;2554143]What is the name of your state (only U.S. law)? Hawaii

The executor on will opted to refuse the obligation after emptying bank account
.has anybody called the police about the theft?

The executor happened to be the husband of the caregiver and caregiver was named 100% beneficiary of the will. But now that they have refused to be the executor, there are no funds available to bury the deceased.
sounds like the money the executor nominee needs to be used to pay for the funeral

Can anyone in the family step in & be the executor?
there is no executor until a court appoints one and yes, a member of the family can apply to open probate and apply to be executor.

How do they go about getting some of the funds back so at least they can bury him?
was probate opened? Was the guy actually designated exec by the court?

If no probate opened, call the police and report the theft as there was no exec that had the right to remove the money from the account. Then, file to open probate and somebody get appointed exec so they can ask the court to demand the money be returned.
 

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