An heir may decline to accept an inheritance. The executor then has to distribute the assets per 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.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 you evict him properly after consulting with landlord/tenant eviction attorney. Are you going to then sell the property and split money with the heir?
The heir's cannot appoint an executor. They can recommend one to the court, but the court decides.
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
Yes, if your brother is an heir or the executor of her estate.
Yes, in many cases the executor is a family member and heir.
An executor must follow the provisions in the will and for any property not distributed by the will must distribute it as intestate property according to the laws of intestacy. An executor does not have discretionary power of distribution unless that power was specifically granted in the will. An executor is personally liable for any acts that go against the will or violate the law.
Yes, it is possible for an executor of a will to also be named as an heir in the will. However, it is important for the executor to fulfill their duties impartially and in the best interest of the estate and other beneficiaries to avoid any conflicts of interest.
Yes. Anyone with an interest in a decedent's estate can do so. An heir would be such an animal.
The executor is often a beneficiary of the will. They have to show the court a complete accounting of the estate. This means the judge has to validate that they aren't taking more then they are entitled to.
The executor of an estate is responsible for the assets of the estate. That means they can bring a lawsuit on behalf of the estate. So, yes, they can accuse or even sue an heir for damaging property.
Whomever files to be the executor. The estate can be opened by any heir or beneficiary, or even a debtor.