No they can't. However, if the beneficiary is being unreasonable, then the Executor has the right to ask the beneficiary to deal with him through their lawyer. Answer An executor can deny a beneficiary access to property in an estate. Once again though, you must check the laws of the jurisdiction which govern that estate. Most states have laws that say that an executor is entitled to possession and control of all estate assets during administration. Many also provide that if an executor demands that a beneficiary give back an asset that the beneficiary has taken, the beneficiary must give it back. This is necessary for the orderly administration of every estate. You can imagine the chaos that would ensue if every beneficiary had full access to everything in the estate while administration of the estate is going on. Don't forget that the other parts of settling an estate may involve the sale of some items in order to pay debts owed by the deceased. It is often more easily and efficiently done if you let the executor--named by the deceased--complete the job.
If you are asking if the executor can remove a beneficiary from a house that is owned by the estate, then the answer could be yes, dependent on the terms of the will.
A beneficiary does not have the right to sell the estate. Only the executor can sell property.
The executor has a duty to the estate to bring the best possible price for the liquidation of the assets. The executor will list the property for what it is worth, not what the beneficiary wants.
No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.
Yes, they can lock them out. The executor must preserve the estate. That may include removing people from the property and selling it.
Real property can only be sold by the executor of the estate. A beneficiary is not allowed to sell the property.
Yes. Once the executor has been appointed by the court the executor has the responsibility of gathering the assets and protecting them from waste. The executor can bar access to property in order to prevent the removal of any property before the estate is settled and distribution has been made. The debts of the decedent must be paid before any property can be distributed.
The duty of the executor is to maintain the estate. That includes taking care of the property.
Yes. The executor is often also a beneficiary of 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.
Not until authorized to do so by the executor. The property belongs to the estate and the executor must protect the property.
Yes, they can ask them to move out. The property belongs to the estate. The executor can sell the property or transfer its ownership as directed by the will or the court.
They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.
No, the beneficiaries receive the estate. An executor could be a beneficiary
Yes, the executor is responsible to the court to preserve the estate. Securing the property by preventing others from accessing the property is a step in that direction.
The executor is responsible for all estate property. They control who has access to that property. It is common for them to collect the keys or have the locks changed to preserve the estate.
Whomever files to be the executor. The estate can be opened by any heir or beneficiary, or even a debtor.
No. The court appointed executor has the legal authority to manage and settle an estate without interference from the beneficiary.No. The court appointed executor has the legal authority to manage and settle an estate without interference from the beneficiary.No. The court appointed executor has the legal authority to manage and settle an estate without interference from the beneficiary.No. The court appointed executor has the legal authority to manage and settle an estate without interference from the beneficiary.
Their job is distribute the estate per the will. They can have someone physically removed from the property of the estate. They cannot remove their claim against the estate.
An adult child can be the executor. They can also be a beneficiary. They are required to be impartial when distributing the estate.
Either renounce or administer the estate or pay a professional to deal with the matter and the fees would be met from the estate. It is up to the executor to decide. If the exector decides to administer the estate, he or she can be paid a fee (amount varies by state and county). The executor is not a beneficiary and the beneficiary is not the executor. The beneficiaries really have no say as to what the executor should do (i.e., adminster estate, hire attorney to represent estate, or renounce). The executor has a sworn duty to administer the estate in accordance with the deceased's will and the laws of the state and county of probate.
It is relatively common to for a beneficiary to be executor. They are more likely to get the estate closed quickly.
An executor can only sell the property in the estate. If it is in the estate, it does not belong to you.
NO. The executor of the estate is the person appointed by the court to pay the debts, distribute the property as directed in the will, file a tax return, etc. A beneficiary is a person who receives a gift under the will.
This question has two potential answers depending upon whether the executor is the one renting the property or the beneficiary designated to receive it under the will is renting the property. If you mean rented by the executor, it may be at any time as soon as the will is probated and an executor is appointed to act. (Or an administrator if there is no will.) Most states have a statute taken from the Uniform Probate Code that gives the executor possession and control over every asset of the estate during administration of the estate even to the exclusion of beneficiarires who are designated to receive the property. During administration only the executor may rent it out, but the executor retains the discretion to decide if renting it is beneficial to the estate. Thus, even though an executor has the power to rent it out, he or she does not have to do so and cannot be forced to do do by a beneficiary unless a court orders it. If you mean rented by the ultimate beneficiary, the beneficiary cannot rent it out until the executor formally transfers the property from the estate to the beneficiary even if the will explicitly gives the house to that beneficiary. Once it is transferred, it is no longer part of the estate and the executor has no legal right to possession or control, therefore no right to rent it out or refuse to rent it out. The transfer to the beneficiary might have to wait until final settlement of the estate just to make sure that it does not have to be sold to pay for debts or expenses. On the other hand, if an executor is reasonably certain that it is not needed for that, the executor may in his discretion transfer the property before finalizing the estate. I believe it is best to transfer the house as quickly as possible during administration as long as it is clear that there are sufficient liquid assets to pay for everything. That way the executor is no longer responsible for the safety of the asset and he or she has a happy beneficiary.