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An executor must follow the provisions in the will and for any property not distributed by the will must distribute it as intestate property according to the laws of intestacy. An executor does not have discretionary power of distribution unless that power was specifically granted in the will. An executor is personally liable for any acts that go against the will or violate the law.

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Q: As executor of an estate do you have the right not to give money to an heir if you feel she was using the deceased just to become an heir?
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How do you find out who the executor of your grandmas unclaimed money is when she did not have a will?

If your grandmother is still living, you can't. If she is deceased, the executor of the will is required to notify you if you are in the will. If there is no will, and your parents are deceased, then you should contact the probate court and/or executor.


Can the executor sell a car that was owned by the deceased?

Yes, they have that power. However, if any money (a loan) was owed on the vehicle by the deceased, the Executor, on behalf of the estate, must pay off the lienholder.


Are executor fees taxable income if the deceased was a family member and the executor was also a beneficary?

There is a distinction between money the executor receives as compensation for administering the estate and money the executor receives as an inheritance. The fees are taxable income, the inheritance is not.


Does anyone know how it is possible for an attorney to cash a estate cheque if he is the 2nd executor on the estate and the brother of the deceased is the first executor?

You take it to the bank and cash it with the letters of authority. If the money is going into the estate accounts, anyone can deposit it.


Can your family member who is executor and beneficiary of estate refuse to pay deceased debts?

The executor cannot refuse to pay properly documented debts. They do not have to pay them personally, the money comes from the estate. If there isn't any money, they show the court the assets and distribution and the estate is closed.


Executor owed the deceased money but he indicated that deceased had told him he could keep any outstanding balance owing upon death does he have right to keep the money instead of returning to estate?

The executor is responsible for collecting all debts owed to the estate. If the deceased did not write such intentions down it must be assumed that the debt is still owed. If the Executor is the one making false claims, other benificiaries may want to consult with a lawyer, especially if the estate is substantial.


How do you claim money from your deceased mother?

If it is a debt, you file the claim with the executor. Otherwise you should receive your inheritance when the estate is resolved.


Can an executor spend money from the estate to alter a house before he releases it to the beneficiaries?

An executor is charged with acting in the best interests of the deceased and adhere to the stipulations of the will. An executor may acquire money from the estate if: 1. there are specific stipulations in the will that the executor is entitled to funds as compensation for their efforts. 2. The executor is a named beneficiary of the will, a situation that often happens with couples.


If a deceased person receives a letter for back taxes what should his or her relative do?

Pass it to the Executor of the estate. It has to be paid, if there is enough money in the estate, before making any bequests.


What if an executor refuses to pay bills for the deceased?

The executor cannot refuse to pay properly documented debts. They do not have to pay them personally, the money comes from the estate. If there isn't any money, they show the court the assets and distribution and the estate is closed. And if they insist on not paying, the court can revoke their status as executor and assign it to someone else.


How does the attorney or executor split the money of the deceased that did not leave a beneficiary name?

They will do it according to the law. Each state or jurisdiction has a law that specifies how it is distributed.


Are you able to draw money from your deceased mothers estate before probate is complete?

The executor is capable of doing so. As long as it is obvious that all the debts can be resolved, the executor can make distributions.