Generally, the executor must petition for a license from the court to mortgage the property unless that power was granted in the will.
Not without breaching their fiduciary duties. It would be irresponsible of the executor to do so. It could land them in trouble.
Yes. I don't think 'borrow' is the right word, however, as the sole beneficiary will be entitled to the entire estate. An 'advance' would more likely be the correct term.
No. The executor gets no commissions. They get paid a fee set by the state.You need guidance from the attorney who is handling the estate. An executor is personally liable for mishandling estate property or funds.
Hell no
Not without breaching their fiduciary duties. It would be irresponsible of the executor to do so. It could land them in trouble.
You need to consult with an attorney ASAP and bring with you any loan agreement signed by the executor.
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.
In order to transfer the real estate, they will have to have an estate and someone with authority to sell the property. The executor could take a loan out against the property to resolve the debts or to cover costs until sale.
The executor is obligated to pay all of the debts of the decedent. The creditors get paid before any funds or property are distributed to the heirs.
The executor is responsible to the estate and must find money to pay all debts before distribution. They may sell property if necessary and approved by the court.
They are not bound to allow anyone to use the property. They have to preserve the value of the estate. They are also allowed to rent the property to make money for the estate.
The executor's fee is based on the value of the estate. Money owed is not a part of the estate, it is a claim against the estate.