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If the court agrees, yes. It makes sense to use the estate in a way to preserve the property and to liquidate the debts. The other alternative is to sell the house and pay off the debts. Then the balance can be distributed. Consult a probate attorney in your state for specifics and the way to go about it.

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Q: As executor can you rent out the estate house and use the rent to pay the taxes bills and use the rest as your fee There are four siblings 2 in agreement of the situation?
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Can an executor of an estate take things from the home without consent from the other siblings?

No, an executor of an estate is legally bound to act in the best interests of the estate and its beneficiaries. Taking items from the home without consent from other siblings would likely be considered a breach of fiduciary duty and could lead to legal consequences. It is important for all decisions regarding the estate to be made transparently and with the agreement of all beneficiaries.


Is an executor entitled to a commission on the estate if the home is left to him and the money is to be distributed among 3 siblings?

No. The executor gets no commissions. They get paid a fee set by the state.You need guidance from the attorney who is handling the estate. An executor is personally liable for mishandling estate property or funds.


How do siblings file for parent assets after death with no will?

Petition the court to open the estate. They can ask that one of the children be appointed as the executor. The court will issue a letter of authorization to the executor to inventory and clear out the estate.


Can you sue an executor of a will it as been a year since probate was granted still not heard ahything the estate was left to me and two charities my uncle passed away in may 2009?

First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.


Does the courts take over or appoint an administator of and estate in the case of 2 siblings not agree on one The estate in question has no will?

The court will appoint an executor, at the expense of the estate.


In new york state how could you become executor of your grandmother's estate in the event of the death of the first executor?

Petition the court to be appointed executor. It typically requires the agreement of all the beneficiaries.


Can one be an executor of probate but not the estate?

There is no executor of probate. The executor of the estate executes the will and probates the estate.


What is the executor of estate for the Titanic?

What is the executor of the estate for the titanic?


Can the executor of an estate borrow against the estate with the informed consent of all beneficiaries?

Yes, as long as all beneficuiaries agree. It is a simple loan agreement.


Who pays the probate attorney and how much?

The estate pays the probate attorney. The amount will depend on the agreement the executor makes with them.


Can the executrix live indefinitely in the house pay the mortgage without selling or assuming the mortgage even if the 3 other siblings may get money until the house does get sold for enough profit?

No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.


Does an executor need signatures from his siblings to release his property share?

The person named as the executor of a will does not need the signature of siblings to perform this function UNLESS they too are named as executors in which case the signatures of ALL the executors are required to dispose of the estate.