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.
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.
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.
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.
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.
The court will appoint an executor, at the expense of the estate.
Petition the court to be appointed executor. It typically requires the agreement of all the beneficiaries.
There is no executor of probate. The executor of the estate executes the will and probates the estate.
What is the executor of the estate for the titanic?
Yes, as long as all beneficuiaries agree. It is a simple loan agreement.
The estate pays the probate attorney. The amount will depend on the agreement the executor makes with them.
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.
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.