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Can an executor sell a vehicle to a family member if all heirs agree the vehicle is not in the Will?
Wiki User
∙ 18y ago
Yes they can, but the there are 4 heirs, then at least 3 have to agree. The vehicle is just part of the Estate. Sometimes there are boats or other properties involved. Even homes can be sold with the agreement of all involved in the well as most people would rather have the money. If one of the Heirs (perhaps a son or daughter) really wants to buy and live in the home as long as they pay the market value of that home they can do so and that money goes into the Estate and is divided equally by the other Heirs. Marcy
Wiki User
∙ 18y ago
Wiki User
∙ 6y agoYes. Before they can act an executor must be appointed by the Probate court. Once appointed they have the authority to settle the estate of the decedent. The estate includes the property distributed in the Will and property not included in the Will or what is called the residuary estate. The executor needs no permission or consent from the heirs. If the heirs disagree with decisions made by the executor they can file an objection with the court and a judge will review the matter.
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What can you do if a family member who is not an executor breaks into property and takes property and a car?
Call the police. It is theft, pure and simple. They may feel they are entitled, but if the executor and the court don't agree and approve, the individual is stealing from the estate.
What happens if an executor of an estate is removed from the position for mismanagement and stealing but the rest of the heirs will approve of another family member to be the new executor in new york?
The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.
Must all beneficiaries agree to new executor before he can be appointed?
No, beneficiaries do not have to agree on the appointment of an executor. The court makes the appointment. If the family doesn't want someone appointed, the court will likely assign the duties to an attorney or bank.
Can a vehicle in an estate be taken to a dealership if all heirs do not agree?
The executor determines what will occur. While they will normally attempt to agree with the wishes of the beneficiaries, they are responsible for resolving the estate and its debts.
Does the court need to assign a executor if the children agree who will be a executor?
The court will appoint the executor and typically will grant it to the person the children request.
After death of the grantor of POA who is in charge of the estate?
A Power of Attorney has no relationship to the estate. A Power of Attorney automatically ends at the death of the grantor. The will names an executor who will be responsible for the administration of the estate. If there is no will, the court can appoint an executor. If there is no family member that all the beneficiaries agree can be the executor, the court will appoint a bank or attorney to serve as the executor, at the appropriate fees, of course. Consult a probate attorney in your state or country for further information. The executor named in the will or the administrator appointed through the court if there is no will is in charge of the estate after death. The power of attorney has no effect once the grantor dies.
Do all parties have to agree to use an attorney to probate a will?
The executor makes the decisions. There is no other requirement.
Can the executor assume the mortgage of the deceased?
The executor must discuss that with the lender. If the executor is going to inherit the property the lender may agree to allow an assumption of the mortgage.
Is there a law preventing an executor from selling property if the beneficiaries do not agree with the sale?
There is no such law. The executor has the power, from the court, to settle the estate.
Does a executor have the power to make a decision when 4 people out of 5 agree?
The executor always has the power to make the decision. They do not need to have anyone agree with them. Though the court may be able to contest their decision.
Your father had no will are you responsible for his medical bills after his death?
Well, not you personally. But your father's estate will have to settle the outstanding liabilities. If your family cannot agree on a executor, the court will appoint one. The executor's job is to see that all bills are paid prior to distribution of the estate to the heirs.
Who becomes executor of will when original executor dies?
Upon the death of the testator the Will must be presented to probate court for allowance and the court must appoint the executor. The court will generally appoint the executor named in the Will if one was named. If that person is deceased or declines to serve the court will appoint a successor. An interested party can request appointment.
