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As sole executor of will can you be forced to sell house by the other beneficiaries?
Wiki User
∙ 11y ago
As an executor, you have a duty to sell the house and distribute the proceeds. If you want to buy the house from the estate, you can make that arrangement.
Wiki User
∙ 11y ago
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Can an executor of a will force you to accept money from the estate?
No, you cannot be forced to accept a bequest. You can decline and the money will go to the other beneficiaries.
What can beneficiaries do if executor assumes ownership of property and leaves out coexecutor and other beneficiaries?
The executor IS the owner of the property, for the purpose of probate.
Can an executor allow a house to be foreclosed on if there is no money in the estate to pay monthly mortgage?
Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.
If an executor overpays a beneficiary and the other beneficiaries want the overpayment back who is liable?
The executor is liable for any errors they make in paying debts or paying beneficiaries.
If an executor of a Will inform beneficiaries of the contents b4 the testator is deceased and this leads to pressure on the executor or on the other beneficiaries to do deals what does this mean?
The executor is breaching their duties. They have no control over the estate prior to the testator's death.
Can a beneficiary stay at a property without paying rent to other beneficiaries?
They are not responsible to the other beneficiaries, they are responsible to the estate. It is up to the executor to make sure things are done fairly.
Can executor who has grant of probate distribute the estate between other executors and beneficiaries?
That is the job of the executor. They have to inventory the estate, value the property, resolve debts and then distribute the remainder.
Can the estate executor who is one of the beneficiaries decide to keep a property when the other beneficiary doesnt want to own it?
Sure, but the other person doesn't have to keep it and can sell their share either to the executor or to a third party.
Can executors sell a house willed to seven beneficiaries where two beneficiaries do not want it sold?
If two of the beneficiaries want to keep the property then they should try to work out an agreement with the remaining beneficiaries to buy out their shares for a fair price. However, the executor may have the power to sell the real estate. The testator often gives that power right in the will. In that case, the executor may sell the property without any license from the court. If the power to sell was not granted in the will the executor must apply for a license to sell the real estate. The two beneficiaries may object to the sale. However, they should be prepared to offer an alternative since five of the beneficiaries do want to sell. Unless they offer to buy out the other beneficiaries the court is likely to issue the license to sell.
Can a executor change a will and split it 5050 with anouther person when the will does not state that?
No. Executors must carry out the terms of the will as they are written with this exception: The beneficiaries may agree amongst themselves to divide the estate in a manner other than that in the will. This is just recognition of the fact that people can make gifts as they see fit. This does not give an executor power to do that. The beneficiaries do it and instruct the executor to make the distribution the way they want to.
Can an executor of a will take an IRA that named two persons as beneficiaries and divide it among 4 different people?
No, not unless directed to by a Court to do so.A person has a right to name -- and to exclude -- who will be beneficiaries. If I have 4 daughters, but only choose two for this role, then that is my stated wishes. The other 2 daughters have to respect what I wanted.No. An IRA with named beneficiaries does not come under the authority of the executor of the estate because it is not a probate asset. The trustee of the account will pay it directly to the named beneficiaries. That is the purpose of naming beneficiaries.
Can 1 executor refuse to release cash until other executor agrees to what he wants to do with property?
When there are co-executors of an estate one has no superior rights over the other. If they cannot agree then the conflict needs to be presented to the court for a solution. The beneficiaries have the right to expect that the estate be settled with expediency. An executor who is holding up the process can be removed by a petition filed by the heirs or the other executor.
