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Can the executor take property from the estate for their own use?
Wiki User
∙ 15y ago
The executor is required to execute the terms of the Will. If the Will leaves the assets to the executor, then yes. If not, then no. Exception: executors are entitled to reasonable compensation unless the Will prohibits it.
Wiki User
∙ 15y ago
Wiki User
∙ 15y agoNo. The executor must follow the provisions of the will and distribute the decedent's property according to the instructions of the testator. In some cases the will gives the executor some discretion in distributing the property. You should review the provisions of the will and speak with the attorney who is handling the estate if you think the executor is abusing their position.
Wiki User
∙ 8y agoAbsolutely not. An executor must be appointed by the court. After being duly appointed they have the authority to manage the estate and distribute the decedent's property according to the Will, the laws of intestacy if there is no Will and all other laws that control estates. An executor who uses estate assets for their own personal enrichment is violating the law and should be reported to the probate court immediately along with a petition for their removal and the appointment of a new executor. The interested parties should also file a criminal complaint.
Wiki User
∙ 7y agoThat would be a violation of their fiduciary duty. They are responsible for preserving the estate. To use it for personal purposes can be prosecuted.
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Does an executor receive the estate?
The court appoiunted executor has control over the estate in order to pay taxes and debts and distribute the remaining property according to the will. The estate does not become their own property unless they are the sole beneficiary.
What if the executor does not want to sell a house in the will?
There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.
Can an executor take cars out of state?
If the executor is in process of selling the car for the estate, I believe it would be proper for them to do that. The executor does not own it but it is their position to disperse the assets.
If I die Does the executor of estate supersede my husband if his name isn't on the property?
A testator chooses an executor to take charge of and settle their estate after they die. The executor must file the will in probate and must be appointed by the probate court. The executor has no legal power until they've been appointed by the court. The court generally will appoint the executor that was named in the will unless someone files a legitimate objection. The executor has nothing to do with your husband's right to inherit from your estate. If you die owning property in your own name, and you don't live in a community property state, the property will be distributed according to your will, or, if you have no will, it will be distributed according to the state laws of intestacy. You can check the laws of your state at the related question link provided below.
What if the deceased did not own their car and the executor would like to take it over?
The estate can sell the car to the executor. They will have to demonstrate to the court that they paid a fair market value for the vehicle. Essentially, the executor pays the estate for the car and the estate settles the car loan.
You are sole beneficiary to gr fathers estate but the executor wants to sell all property because you are 23 yrs old?
The estate must be probated in order for the title to the property to pass to you. There may be a reason why the executor wants to sell the property. The property may need to be sold to pay debts of the estate, or, there may be a provision in the will that directs the executor to sell the property and pay over the proceeds to you. If the property does not need to be sold to pay debts then you are the owner of the property. You are an adult and can make your own decisions. You should speak with the attorney who is handling the estate ASAP and make it clear that you do not want your property sold.
Is an executor of an estate that has property allowed to sel?
The executor cannot sell any property at their own discretion unless they have been granted the power to do so. That power must be granted in the will or by a license issued by the court where the probate is filed.
Can an executor sell house against wishes of beneficiaries if liquidation of the house is not necessary to cover estate expenses or taxes?
If the power to sell real estate was granted in the will then the executor has the power to sell it. However, if ALL the beneficiaries agree that the property should be retained they should insist the property not be sold. Remember that the beneficiaries own the real estate. If the executor proceeds to try to sell the property the beneficiaries should petition the court to review the matter ASAP.
Can an executor transfer the decedent's property into their own name under a executor deed?
You haven't included enough detail. Self dealing by a fiduciary is against the law.The executor must be appointed by the court and then must follow the provisions in the will and state probate laws. The provisions in the will should include what to do with the real estate. In order for an executor to transfer title to real estate they must have that authority granted in the will. If the authority was not granted by the testator the executor must apply for a license to sell the real estate and before it grants the license to sell the court will examine the proposed transfer.
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.
Can executor of an estate legally rent real estate out named in a will when one heir will not give permission?
There is no reason that the executor cannot lease estate property. As long as they get a fair market price for the lease. They would then be able to use the money to pay debts and taxes as well as maintain the property.
Does an executor have to pay old medical bills in TX?
The executor's job is to settle the estate. That includes resolving all of the estate's bills, from the estate, not their own pocket.
