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Can an executor take ownership of estate property if it was supposed to be divided among beneficiaries?
Wiki User
∙ 11y ago
No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.
No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.
No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.
No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.
Wiki User
∙ 11y ago
Wiki User
∙ 14y agoNo and yes. The distribution of the estate is governed by the will. Any specific bequests made in the will must be followed. Any property not specifically mentioned in the will must be distributed as intestate property and distribution must be made to the heirs at law according to the state laws of intestacy. Bank accounts, proceeds from the sale of real estate and other such property can be divided equally if necessary. The executor may devise a fair method of distributing personal property that cannot be equally divided such as furniture, jewelry, china, etc.
Wiki User
∙ 11y agoNo. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.
Wiki User
∙ 9y agoThe duty of the executor is to maintain the estate. That includes taking care of the property.
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Can those that inherited an estate continue to claim part ownership on furniture distributed to other beneficiaries?
Not once it has been distributed or there is specific direction as to who gets it if the primary individual doesn't. The distribution is supposed to be final and no longer subject to probate.
Can the executor of the will take what she wants without informing the beneficiaries of what she is taking and throwing away the things she doesn't want without our knowledge?
That is an interesting question. In most cases the will dictates who is supposed to get the assets of the deceased person. In some cases, there are items that are not addressed. If the executor takes possession of something that is addressed in the will and does not distribute it as directed, then there is a violation of law and there could be civil or criminal charges filed. IF the items that are in dispute are not addressed in the will, a good executor will facilitate a process to divide those assets.
Can you hire an attorney to challenge an Executor's decision regarding the estate?
In the United States you can if the executor is not performing the functions of an executor properly. An executor can be sued to either remove him as executor, to surcharge him for losses he may have caused to the estate or to force him to do what he is supposed to, like transferring assets. If an executor causes monetary losses to the estate, he can be sued to make him reimburse the estate for the losses either from his own pocket or from his statutory commissions. All states in the US have statutes that govern the duties of executors and spell out the remedies beneficiaries and third parties have.
Is the Title Insurance Company supposed to make sure that all the buildings on the property legal?
No, the role of Title Insurance is to verify the ownership of the property and any liens that may be on it. The quality or legality of the buildings is outside the scope of their responsibility.
How can i obtain a copy of a dead person's will as i am a beneficiary of the estate?
How do you know that you are the beneficiary if you do not have a copy of the Will! Wills are usually lodged with solicitors or with the executor(s) of the Will. The executors must have the original Will document and are responsible for putting the Will/Estate through probate. At this point the Will becomes a public record (that anyone can see) and the executors are then supposed to divide up the estate as specified by the will, ensuring the beneficiaries get their legacies. I no will can be found, then you countries "intestate" rules will apply regarding beneficiaries of the estate.
Can you being the second executor fired the first executor for not doing what he supposed to?
Only the court can remove them. You can petition the court to have it resolved. They may appoint a third party.
How can you stop your sister benefiting from her position as an executor when all siblings are supposed to have an equal share?
kiss her and tell her how you feel
Can you buy a home that is in probate?
What exactly you mean by "in probate" is not clear. The executor is given the authority to dispose of the testator's property in accordance with the will (and all relevant laws, of course). In that sense, of course you can; selling the assets may very well be exactly what's SUPPOSED to happen.
How do you check when you are supposed to get your property taxes refund check?
You don't get a refund of your property tax.
If you are supposed to receive inheritance money from a will but it doesn' state the age you are supposed to get it do you automatically get it when you turn 18 or does the will holder get to decide w?
When you become an adult, you are entitled to the money. The executor has no choice but to distribute the money.
If a deceased paid no business or personal taxes will that come up in probate?
In most cases that will be a responsibility of the estate. The executor is supposed to file taxes for the deceased and the estate.
Can an executor get any of the computer equip he wants before the siblings?
The executor is supposed to execute the terms of the will. If the will says that "person X" gets any computer equipment of the decedant's that he wants, with the remainder going to the siblings, then person X gets it, whether person X is the executor or not. If it says the computer equipment goes to "the siblings", then that might be a gray area if the executor is one of the siblings, but usually an equitable distribution is implied, so the executor can't say "I'll take the Cray YMP, and you can have the Apple II". An executor who violates the terms of the will is acting in bad faith, and you should retain a lawyer to file a complaint with the probate court.
