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Can an executor of an estate remove heirs from a property that is designated to be sold in the will if those heirs have paid the property taxes?
Wiki User
∙ 9y ago
Yes, if the property was owned by the decedent and the Will provides that it be sold. In that case, the executor must carry out the provisions in the Will unless the provision is changed by a court order. It is assumed that there are other heirs besides the ones who paid the taxes on that property. The heirs who paid the taxes can file a claim against the estate for the amount they paid in taxes and they can offer to buy the property from the estate if they wish to keep it. They should speak with the attorney who is handling the estate.
Wiki User
∙ 9y ago
Wiki User
∙ 7y agoThey have a claim for the amount of the taxes against the estate. Yes, the executor can remove heirs from the property. They have a duty to preserve and sell the property.
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Can an executor remove property before probate?
The named executor or family can secure the property and must immediately file the will and commence the probate procedure. Until appointed by the court, an executor has no legal authority over the estate. If necessary, there is en expedited process by which a temporary executor can be appointed by the court until the executor can be appointed.
Is a spouse of one of the beneficiaries of an estate permitted to remove tangible property from the home such as tools?
The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.
Can a person remove themselves from being an executor of a will?
Absolutely not. Once a will has been allowed by the court and the executor has been appointed by the court, the executor must settle the estate according to the terms in the will. The executor must follow the state probate laws and works under the supervision of the court. If they mishandle the estate they can be removed and may be personally liable.
If there are co-executors mentioned in a will one by name the other only by address who is the executor and does the executor have the right to remove any property without the will being read?
First, no one is the executor of a will until the will has been submitted to the probate court for allowance and the executor(s) has been duly appointed by the probate court.Typographical errors and indefinite references made in the will will be resolved when the will is reviewed by the court. The will must be submitted with a petition asking the court to allow it and appoint the estate representative. The court will issue Letters Testamentary to the appointed executor(s).No one has any right to remove any property from the estate until the will is allowed and the executor(s) appointed by the court. Once appointed the executor is the only person with the right to manage the estate property. They must pay the debts of the decedent, pay the costs of probating the estate and distribute the remaining assets according to the provisions in the will and the state laws of intestacy.
Does the executor have the right to prevent heirs from entering the property in Virginia?
You should contact the attorney who is handling the estate if you have any questions about the executor's rights and responsibilities.Once the executor has been appointed by the court, she/he has the responsibility of securing and safeguarding the property until it can be distributed once the debts of the decedent have been paid. Since the executor has that legal responsibility, they cannot allow people to come and go from the property, especially people who don't understand the probate process and may remove property from the premises.You should contact the attorney who is handling the estate if you have any questions about the executor's rights and responsibilities.Once the executor has been appointed by the court, she/he has the responsibility of securing and safeguarding the property until it can be distributed once the debts of the decedent have been paid. Since the executor has that legal responsibility, they cannot allow people to come and go from the property, especially people who don't understand the probate process and may remove property from the premises.You should contact the attorney who is handling the estate if you have any questions about the executor's rights and responsibilities.Once the executor has been appointed by the court, she/he has the responsibility of securing and safeguarding the property until it can be distributed once the debts of the decedent have been paid. Since the executor has that legal responsibility, they cannot allow people to come and go from the property, especially people who don't understand the probate process and may remove property from the premises.You should contact the attorney who is handling the estate if you have any questions about the executor's rights and responsibilities.Once the executor has been appointed by the court, she/he has the responsibility of securing and safeguarding the property until it can be distributed once the debts of the decedent have been paid. Since the executor has that legal responsibility, they cannot allow people to come and go from the property, especially people who don't understand the probate process and may remove property from the premises.
If someone removes personal property from an estate before being sworn in as the executor can this be considered theft?
Technically it is theft. They are suppose to provide a complete inventory of the estate to the court with the valuation of all assets. If they are trying to avoid paying taxes on this, they can get into trouble.Another Perspective:Nothing in the question implies that the executor is stealing property or converting it to their own use. There are circumstances that would prompt the named executor to remove property for safe keeping while the executor is awaiting appointment by the probate court. An estate may be at risk during the period immediately following the death of the testator and before the court has allowed the Will and appointed the executor. Property removed for security purposes will simply be added to the inventory.For example, if the testator lived alone the executor may need to remove valuable property (such as cash or jewelry) from the premises to prevent theft, especially if others have access to the property. Greed often emboldens heirs to help themselves to estate property and the executor has the added duty of securing that property until the probate process is under way. The very act of submitting the Will for probate and petitioning for appointment would support the soon-to-be-appointed executor's actions. Any property so removed should be added to a list for the inventory that will eventually be submitted to the court.
Can executor of a will remove a trust?
The executor of a will typically does not have the authority to remove a trust unless specifically granted that power in the trust document or by a court order. Trusts are separate legal entities with their own set of rules and provisions that usually require specific procedures to be followed for any changes to be made. It is recommended to consult with an attorney for guidance on this matter.
Can the executor of an estate remove items without asking the other beneficiares in the state of Indiana?
The executor has a responsibility to preserve the estate. They can remove items for appraisal and sale, but the assets still remain a part of the estate until properly distributed.
Can you sue an executor of a will it as been a year since probate was granted still not heard ahything the estate was left to me and two charities my uncle passed away in may 2009?
First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.
How do you remove or terminate an executor or administrator of an estate?
The answer depends upon the laws of the state where the estate is. Every state has laws that give the grounds which serve as reasons to remove or terminate an acting executor. In New Jersey, an executor m ay be removed only for cause, such as, refusing to make an accounting if ordered by a court to do so; if he has embezzled, wasted or misappleied assets; if h e neglects to administer the estate; if he is no longer of sound mind, etc. The mere fact that the beneficiaries may not like the executor or even if there is some animosity between them is not a reason to remove the executor unles he does something harmful to the estate
What should be done when one of the heirs seizes the house?
This is NOT one of those situation where "possession is 9 points of the law."If the estate is in the hands of the Executor and/or the Probate Court and the will has not yet been probated, the Probate Court must be notified that an improper/illegal seizure of the estate has occurred. Only AFTER the will has been probated will the proper disposition be made of the assets of the estate. THEN, and only then, will the heirs know who was the legal inheritor of what.Another PerspectiveWhen an estate contains real property it must be probated in order for title to pass to the heirs legally. The debts of the estate must be paid before any property can be distributed to the beneficiaries. An executor must be appointed by the court. Once appointed the executor, and only the executor, has full power over all the estate property.The executor has the legal responsibility to collect and protect the estate until it can be distributed. The executor can obtain a court order to have the heir removed from the premises. There is always a danger that heir will commit waste, remove personal property belonging to the decedent or damage the property. No person can seize property that does not belong to them and it is especially difficult to carry off if the property is in probate under the jurisdiction of the court and under the absolute authority of the executor.If an attorney is handling the estate they must be notified immediately. She/he must review the situation and explain all the legal options open to the executor. Legal action should be taken immediately.
Can the executor remove an occupant living on the property?
Yes, they can make arrangements to do so.
