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Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.

Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.

Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.

Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.

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10y ago

Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.

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Q: Can a executor remove property to a different state that was willed to other beneficiaries?
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Can an executor be beneficiary of a will in CT How can an executor be removed by an heir?

Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.


Is a spouse of one of the beneficiaries of an estate permitted to remove tangible property from the home such as tools?

The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.


Can a majority of Beneficiaries remove an Executor who is not operating in the beneficiaries best interests like spending unnecessary funds?

No.It generally requires a court action of some kind to remove an executor. What a "majority" wants is irrelevant; the only thing that matters is whether the executor is acting in good faith in attempting to carry out the wishes of the deceased.Another PerspectiveThe beneficiaries can petition the court for the removal of the executor and the appointment of a successor. The complaints should be set forth in a clear and concise manner with examples of the misuse of funds. If the executor is indeed wasting estate assets the beneficiaries have a right to complain. The court will review the situation and render a decision.


What type of court can beneficiaries remove an executor and appoint someone else as executor?

Estates are generally handled by a probate court but they have different names in different jurisdictions. To make changes to the executor of an estate you need to return to the court that appointed the executor and file your complaints in the form of a motion. The staff will help you with a form. The court will consider your motion and render a decision.


Can the beneficiaries remove an executor of an estate for refusing to supply accounting?

It is possible. You need to contact an attorney to file a motion with the court.


Can the executor remove an occupant living on the property?

Yes, they can make arrangements to do so.


Can a person remove themselves from being an executor of a will?

Absolutely not. Once a will has been allowed by the court and the executor has been appointed by the court, the executor must settle the estate according to the terms in the will. The executor must follow the state probate laws and works under the supervision of the court. If they mishandle the estate they can be removed and may be personally liable.


Does the executor have the right to prevent heirs from entering the property in Virginia?

You should contact the attorney who is handling the estate if you have any questions about the executor's rights and responsibilities.Once the executor has been appointed by the court, she/he has the responsibility of securing and safeguarding the property until it can be distributed once the debts of the decedent have been paid. Since the executor has that legal responsibility, they cannot allow people to come and go from the property, especially people who don't understand the probate process and may remove property from the premises.You should contact the attorney who is handling the estate if you have any questions about the executor's rights and responsibilities.Once the executor has been appointed by the court, she/he has the responsibility of securing and safeguarding the property until it can be distributed once the debts of the decedent have been paid. Since the executor has that legal responsibility, they cannot allow people to come and go from the property, especially people who don't understand the probate process and may remove property from the premises.You should contact the attorney who is handling the estate if you have any questions about the executor's rights and responsibilities.Once the executor has been appointed by the court, she/he has the responsibility of securing and safeguarding the property until it can be distributed once the debts of the decedent have been paid. Since the executor has that legal responsibility, they cannot allow people to come and go from the property, especially people who don't understand the probate process and may remove property from the premises.You should contact the attorney who is handling the estate if you have any questions about the executor's rights and responsibilities.Once the executor has been appointed by the court, she/he has the responsibility of securing and safeguarding the property until it can be distributed once the debts of the decedent have been paid. Since the executor has that legal responsibility, they cannot allow people to come and go from the property, especially people who don't understand the probate process and may remove property from the premises.


Can an executor remove property before probate?

The named executor or family can secure the property and must immediately file the will and commence the probate procedure. Until appointed by the court, an executor has no legal authority over the estate. If necessary, there is en expedited process by which a temporary executor can be appointed by the court until the executor can be appointed.


Do heirs have rights to use property that is in probate?

Yes, and frequently this is the case. (By "inherited home" I assume you mean property the decedent owned prior to death and that is not subject to a specific devise, "I have 123 Smith Street to Jen Doe." In a normal probate, all of the decedent's assets are liquidated, their debts paid, the the remaining funds distribute to the beneficiaries of the estate (heirs.) Exceptions do exist. First, the beneficiaries may agree to an in-kind distribution of some or all of the property. Sometimes this requires that the heirs satisfy the decedent's debts if there are insufficient other funds available to clear the debts. But, for this to work all the beneficiaries must agree to the distribution plan. Next is specifically devised property. However, sometimes this property must be sold to satsify the decedent's debts. Whether or not this property is sold depends on your state's laws, and most states provide a plan on how assets are sold. For example, in California an estate contains a specifically devised item of property and other assets, the specifically devised property is sold only if the other assets do not satisfy the decedent's debt. Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.


How can the beneficiaries remove the executor of an estate?

If the beneficiaries of an estate want to remove the executor, they will first need a very good reason for doing so. In most jurisdictions, it will require a court action. It is best to retain a lawyer to do this.


If there are joint executors can one executor have the other removed?

Yes. However, the first executor would need to have just cause to be successful in a petition for the removal of the other executor. Factors the court will consider include but are not limited to the following: neglect of duties, waste of assets, lack of cooperation with co-executor, unwillingness to act responsibly and effectively. The court will review the matter and decide if it would be in the best interest of the beneficiaries to remove that co-executor.