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The monies are not the property of the beneficiary until the executor has released them. Any assets of the deceased have to be provided to the executor for inventory and valuation. Only once the debts have been settled can things be released.

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10y ago

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Related Questions

Can the inheritors force the executor to sell assets?

No, they cannot force the executor to sell assets. The executor is responsible for closing out the estate and settling debts. Then the distribute the assets.


What if you don't want to be a co executor?

Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.


If an executor does not distribute the assets can those included in the will force the executor to do so?

First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.


Are we allowed to ask executor of an estate question?

No one can prevent you from asking! The executor may decline to answer the question. And there is seldom a way to force them to answer it if the court agrees with them.


If a car belonging to an estate not yet settled is given to a non family menber how do you get it back?

If an executor acted in bad faith then you can take the executor to court to force them to repay the value of the car to the estate.


How do you force the sale of real estate property inherited in North Carolina?

That's the decision of the executor of the estate.


Can you force someone out of the position of executer on a will?

You yourself cannot force anybody out of the position of executor you would have to have it done through the courts. The best thing to do is to talk to a lawyer


Can you force a executor of a will to sell house when he is being unfair?

Possibly if the "unfairness" violates the executor's duties -- you'd have to petition a probate court and if the will hasn't been probated you might have to have the estate opened. There are different procedures in different states.


Can the executor of estate in trust force on-site beneficiary to move after death of testator?

They do have that ability. They can also charge rent for living there.


Can an executor of a will force you to accept money from the estate?

No, you cannot be forced to accept a bequest. You can decline and the money will go to the other beneficiaries.


Can a heir force an executor who is living probate house to take action on sale or to make payment of value of home to the heirs according to will while estate is in probate?

If the executor is acting in bad faith, certainly an heir could sue him for that.


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.