The answer depends on the details. You should consult with an attorney who can review the details and explain your rights and options, if any.
The executor should contact the beneficiary to see if the check was ever received. If it was they should request it be cashed immediately. If not, depending on the type of check used, that executor should arrange for a replacement. It would seem that the checks were simply mailed out with no request for the beneficiary to sign any release. A signed release shows the funds were received.
No. Once an executor has been appointed the beneficiary has no power to deny their authority.The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.No. Once an executor has been appointed the beneficiary has no power to deny their authority.The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.No. Once an executor has been appointed the beneficiary has no power to deny their authority.The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.No. Once an executor has been appointed the beneficiary has no power to deny their authority.The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.
Not only does the beneficiary have to wait for the probate of the will, but will most likely have to wait until the executor is satisfied that the house does not need to be sold to pay any debts of the estate. Until administration of an estate is complete, the executor has the right to possession of all estate property, including the house. If the executor wants to, he/she can let the beneficiary in the house. But even there, the person appointed as executor has no power to allow that until the will has been probated. This is because that person has no power to act as an executor until the will is probated.
Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.
The executor is entitled to be paid for their work. The court has to approve the distribution and the fee they charged, which is often set by law. If the estate has been closed, you can sue the executor if they breached their fiduciary duty.
No they can't. However, if the beneficiary is being unreasonable, then the Executor has the right to ask the beneficiary to deal with him through their lawyer. Answer An executor can deny a beneficiary access to property in an estate. Once again though, you must check the laws of the jurisdiction which govern that estate. Most states have laws that say that an executor is entitled to possession and control of all estate assets during administration. Many also provide that if an executor demands that a beneficiary give back an asset that the beneficiary has taken, the beneficiary must give it back. This is necessary for the orderly administration of every estate. You can imagine the chaos that would ensue if every beneficiary had full access to everything in the estate while administration of the estate is going on. Don't forget that the other parts of settling an estate may involve the sale of some items in order to pay debts owed by the deceased. It is often more easily and efficiently done if you let the executor--named by the deceased--complete the job.
Anyone can be appointed as executor. And anyone can be named a beneficiary. It is often done to take care of friends.
Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.
The executor distributes the money to the beneficiaries after the estate's debts have been settled to the satisfaction of the court. Each beneficiary is responsible for what they do with the money. There is no requirement, and it would be detrimental, for the executor to play bookkeeper and accountant and pay of the debts of the beneficiaries of the estate.
If you are the executor/administrator of the estate just ask the bank for all information about any and all acounts he may have had including ones that have been closed out. You could also request copies of past monthly statements and 1099s. If you are not an executor, you will not be given any information by any banks. If you are a beneficiary of an estate and want to find out if there were any improper withdrawals or missing deposits, you could demand that the executor give you copies for your assurance. Generally only beneficiaries that receive a percentage of an estate may make that request. If a beneficiary is given an specific amount of money and is paid that amount, then the beneficiary has no right to that information. Dwpending on the state in which the decedent's estate is, there may be additional methods. This answer is not intended to give you every avenue available to you.
No. If the estate has been probated and the file is closed then the owners by inheritance can convey the property by a deed that cites the probate as their source of title. An attorney who specializes in conveyancing should draft the deed.
If your grandfather left a will and the will has been filed in probate you can request the file and review any documents that have been or will be filed by the executor. The executor, and the trustee if a testamentary trust was created, will be required to file an inventory of all the real and personal property owned by your grandfather at the time of his death. Once a will has been filed in probate the estate becomes a public record.