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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.
Wiki User
∙ 13y ago
Wiki User
∙ 10y agoI am not sure what you mean.
The "estate" is all the property (things, land buildings, money, stocks and shares etc) that a dead person owned.
The dead persons will states what is to be done with this property. The executor MUST FOLLOW the instructions of the will (unless a court order is obtained which changes the will for some reason). Thus the executor can not "remove" any property from the estate. However, the executor can charge the estate reasonable costs for the work/expenses involved in discharging his/her duty in executing the will.
If you think an executor has acted improperly you need to go and see a solicitor/attorney for advice as to what to do.
Wiki User
∙ 11y agoNot for personal use, but they can for the estate. They are required to keep a full accounting.
Wiki User
∙ 12y agoNo, it is not legal. Even if you know for sure you will inherit the property or items upon the death of the testator you must abide by the law and go through the legal procedures.
Wiki User
∙ 9y agoRemoving property is considered theft. And they have no legal standing to do so while the person lives. After their death, they are responsible to the court and the estate.
Wiki User
∙ 9y agoThe executor is responsible for the assets of the estate. They have to inventory, value and distribute according to the will and the law.
Wiki User
∙ 11y ago1. They are not an executor if the person still lives.
2. Until the court has issued letters of authority, they have no legal standing.
Wiki User
∙ 10y agoNo one is authorized to remove property before probate. They can be charged with theft and the executor has the right to demand its return.
Wiki User
∙ 10y agoLegally only the executor can remove property from the estate. Anyone else could be considered to be stealing.
Anonymous
Yes if it is for safe keepi
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Can a daughter take goods before probate is granted?
The daughter is not authorized to remove property before probate. They can be charged with theft and the executor has the right to demand its return.
Can an executor remove an heir in Pennsylvania?
No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.
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.
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 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.
My father died in 2003 and named a son as executor. Can his surviving spouse transfer ownership of their home to only one son and remove other son as a beneficary after her death?
If the property was owned by the parents with a right of survivorship then title passed automatically to the surviving spouse bypassing probate. In that case the property is the sole property of the surviving spouse. She can convey it to anyone she chooses or she can leave it in her will to whoever she chooses. That property is not under the control of the executor.
Can the executor remove an occupant living on the property?
Yes, they can make arrangements to do so.
Do heirs have rights to use property that is in probate?
Yes, and frequently this is the case. (By "inherited home" I assume you mean property the decedent owned prior to death and that is not subject to a specific devise, "I have 123 Smith Street to Jen Doe." In a normal probate, all of the decedent's assets are liquidated, their debts paid, the the remaining funds distribute to the beneficiaries of the estate (heirs.) Exceptions do exist. First, the beneficiaries may agree to an in-kind distribution of some or all of the property. Sometimes this requires that the heirs satisfy the decedent's debts if there are insufficient other funds available to clear the debts. But, for this to work all the beneficiaries must agree to the distribution plan. Next is specifically devised property. However, sometimes this property must be sold to satsify the decedent's debts. Whether or not this property is sold depends on your state's laws, and most states provide a plan on how assets are sold. For example, in California an estate contains a specifically devised item of property and other assets, the specifically devised property is sold only if the other assets do not satisfy the decedent's debt. Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.
What happens if one of the heirs who is also an executor rents the house that is part of the estate and keeps all the money?
First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.
You want to remove yourself as an executor?
You are not an executor until you have filed the will for probate and been appointed by the court. You may resign by filing a resignation with the court. The court will require that you file an account and will appoint a successor.
Can an executor be set aside in probate?
Yes. A court can decide not to appoint the named executor if any interested party provides a compelling objection to the appointment. Also, the court can remove an executor and appoint a successor if it finds the executor is mishandling the estate, submits a resignation or dies while in office.
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.
