Once a probate is filed it becomes a public record allowing you to monitor every action taken by the executor. She is obligated to file an inventory with the court. You can review the inventory she filed and see if you think it's complete. If she hasn't filed one then complain to the court or to the attorney who is handling the estate. Once the probate process has been completed the executor is required to file an account with the court that shows the disposition of all the property that was listed in the inventory. AT that time the heirs will be required to sign a release and assent to the account. Stealing from an estate is a very serious violation of the law and will generally show up at some time during the probate process.
The executor's fees in Florida may vary. However, generally the executor's fees in Florida are around 1.5-3% depending on the amount of money.
Not without breaching their fiduciary duties. It would be irresponsible of the executor to do so. It could land them in trouble.
The executor can make a claim against the estate for expenses. The probate court will have to approve. The expenses have to be reasonable and normal.
No. A personal creditor of yours has no right to attach the estate for which you are the executor. However, if you are also a beneficiary of that estate the creditor can go after your portion of the distribution.
The executor should pay the bill. If there isn't enough to pay it, the state may not get their money.
I have been the executor of my mothers money, I pay her nursing home bills with it, she just died and i have 200,000 dollars left, do I have to pay tax on that money.
When you become an adult, you are entitled to the money. The executor has no choice but to distribute the money.
The executor is capable of doing so. As long as it is obvious that all the debts can be resolved, the executor can make distributions.
Yes, she can petition the court to be the sole executor. If there is conflict, the court may very well appoint a third party, a bank or attorney, without a vested interest in the estate. This typically costs the estate money in the form of compensation to the executor.
Yes, the executor may sell the home. The money would be used to pay debts and taxes. The remainder would be divided according to the will.
If the loan is properly documented, the loan counts against their share of the estate. If there is not enough money in the estate to pay off the debts, they will have to repay the loan.
There is a distinction between money the executor receives as compensation for administering the estate and money the executor receives as an inheritance. The fees are taxable income, the inheritance is not.
The executor of the estate can close and empty the bank account. Distribution will be in accordance with the will. Consult a probate attorney in your state. You have to wait until the will goes through probate.
The executor can hold back some of the money. This is often done to make sure that all tax liabilities have been satisfied. There may also be court costs and other debts to settle.
The fee paid to the executor is considered taxable income.
The executor is entitled to be paid for their work. The court has to approve the distribution and the fee they charged, which is often set by law. If the estate has been closed, you can sue the executor if they breached their fiduciary duty.
Yes. The executor should be reported to the court immediately.