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Can an Administrator of a deceased estate rent out the estate property without consulting the beneficiaries?
Wiki User
∙ 12y ago
Yes.
Wiki User
∙ 12y ago
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Can an administrator enhance the state of the deceased?
under zambian law the administrator is only allowed to collect the property of the estate and distribute to the beneficiaries after paying debt and other creditors.
Taxes on property when other owner dies?
If taxes are delinquent, the county could put a lien on the property of a deceased individuals and sell it. If the property of the deceased person is up to date on tax payments, the house may be given to beneficiaries or listed by a realtor.
If the property in the irrevocable trust is sold who pays the federal and state income tax?
The trustee or the administrator of the trust or the beneficiaries would be responsible for paying the taxes that may be due when the property is sold.
Does being an executor or administrator give you right of possession to property of the deceased or just the duties to execute the will as per the deceased?
No, it does not give them any additional rights to the property. They must execute the will as written, or as directed by the court. Anything else would be a breach of duty.
Can the surviving spouse of the deceased husband continue to receive mineral rights income he had inherited?
Typically the spouse will inherit the property of a deceased spouse. A will may assign things to other beneficiaries. Consult a licensed attorney in the state in question.
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.
If deed is in father name and his parents name both are deceased who is entitled to property?
It depends on what the deed says. If the deed is a right of survivorship, the property will go to the descendants of the last to die. If it is a joint ownership, the property could go to the beneficiaries of all three of the decedents.
Can one of two executors purchase the home and land from the beneficiaries with his inheritance before the estate is settled?
Yes, the administrator of an estate may purchase a home from the estate; however, that type of transaction is inherently a conflict of interest and would have to be approved by all beneficiaries having an interest in the property or by the probate court. Obviously a person buying a house wants to pay as little as possible to buy a house; but, the administrator has a fiduciary duty to receive as much as possible when selling the house. Usually, the administrator gets the consent of all beneficiaries to the transaction. They agree in advance that the sale price is satisfactory and that they have no objection to the administrator buying the house at that price. Sometimes administrators are required to apply to the probate court for the authority to sell the house and for permission to buy it. The administrator would have to prove to the court that the transaction is fair and above board. The beneficiaries would have an opportunity to raise objections if they object to the purchase price. If the administrator has no ownership interest in the property, he cannot force the beneficiaries to sell the house to him/her.
How do you transfer the deed of a deceased parent in NJ to surviving children?
When a decedent owned real property their estate must be probated for title to pass to the heirs. Also, the court must appoint a representative of the estate. You should seek the advice of an attorney who specializes in probate law for the procedure in your particular jurisdiction. In NJ, either the executor or the administrator will sign what we call an "executor's deed" where there is a will or an "administrator's deed" where the is no will. This is to formalize the transfer of the property. It is important to know that the beneficiaries or heirs technically own the property as of the date of death rather than the date of the deed. This deed is a formality only.
Is a house bought from an estate in probate considered owned by the deceased or by the beneficiaries?
That depends on more details. If the estate is closed the property is owned by the beneficiaries or next of kin depending on the type of probate proceeding. If the estate is not closed yet then the estate fiduciary would still have some or all of the control over the property. You can provide more details on the discussion page.
Can a claim be submitted for repairs if the homeowner is recently deceased and the home is in probate?
The estate is responsible for the maintenance of the property. The administrator or executor of the estate can submit a claim on behalf of the estate.
What can be billed to a deceased's estate?
Expenses of administration. Attorney fees, storage costs, court costs, mileage, executor or administrator's fees, costs of sale of property, etc.
