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Can an executor who is also an heir refuse to pay out other heirs?
Wiki User
∙ 12y ago
No, they cannot refuse to pay, if there is anything to pay out. They are required by law to pay off the debts of the deceased. Then they must execute the will as written.
Wiki User
∙ 12y ago
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Can executor hold back monies when will says estate divided by heirs equally?
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.
Can the executrix put their name on the deed when the property was left to eight people in the Will?
Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.
What does it mean to be the executor and a heir?
It means they are responsible to administer the estate. They will also receive some of the estate as an heir.
Can a deceased executor be replaced and do the heirs of a deceased executor have the right to be appointed to replace their parent?
The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.
What information and directions do the heirs receive from the will?
Heirs typically receive information on their inheritance, distribution of assets, any specific bequests, executor designation, and any conditions or requirements to receive their inheritance. They may also receive directions on how to claim their assets, file any necessary paperwork, and contact the executor or lawyer handling the estate for further guidance.
If unmarried father dies who would be the next of kin?
The decendants are the natural heirs. If they are not yet adults, the court will create a trust for their suppport. They will also appoint an executor to manage the estate.
My uncle is the executor of my grandmother's estate Per her will her house is to be sold and divided amongst her children and grandchildren My uncle wants to buy the house himself can he?
To avoid a conflict of interest, your uncle would have to pay fair market price (as determined by an independent third party). If some of the other heirs did not agree to that, he might also have to put the house on the market and pay more than the best offer received. Then as executor he would divide the proceeds by the number of heirs (including himself).
Can an estate sell real estate in Florida or do the individual heirs have to sell it?
The executor has the ability to sell the property. It is subject to court approval. They can also transfer the property to the beneficiaries. In which case they can then sell it.
What legal rights does an heir to an estate in Tennessee have when the executor will not communicate or provide any financial documents?
This is a difficult situation and you should consult with an attorney who specializes in probate. The heirs have the right to have the estate settled as expeditiously as possible. Once a Will is filed for probate it becomes a public record. The heirs can visit the court, request to see the file and review all the filings up to date. Remember that the executor has no authority until they have been appointed by the court. The court must approve the Will and the appointment of the executor. The executor has the legal duty to file the Will as soon as possible. If the appointed executor is not performing their tasks in a timely manner the heirs can file motions to compel the executor to act or to replace the executor. If the executor won't file the Will, any interested party can petition the probate court to order the executor to submit the Will to the court. Withholding a Will after the death of the testator is a serious offense. Any interested party could also petition to be appointed the estate representative for an intestate estate and the estate will be handled according to the laws of intestacy as if there was no Will. In any case, you need expert legal advice.
Is there any way to get a executrix executor removed from that position if causing trouble?
Yes there is. An Executor (male) Executrix (female) who is doing a poor job or cheating or stealing from the said property of the deceased can indeed be taken off the Will, but you will have to see a lawyer about this and prove it. Be very careful with this accusation and learn about Probate, and what the duties of an Executor/Executrix. You can find out by going on www.google.com and asking "What are the duties of an Executor regarding a Will?" Here is a quick scan over what their duties are (I've done it.) For instance, if there are 2 or more heirs in the Will, they can vote re ousting out the Executor/Executrix. **If the heirs are the children of the deceased they have the right to go onto the property and retrieve any personal effects of their parent(s). The Executor/Executrix cannot stop this! DUTIES OF EXECUTOR/EXECUTRIX Once the person is deceased the Executor/Executrix has the right to pay off things like funeral costs, etc., and small bills such as Hydro, electricity, phone, cable, outstanding charge card balances, etc. However, they MUST KEEP RECORDS! Then the Will goes to Probate. Probate makes sure that all house/personal taxes are paid as well as any other outstanding debts such as mortgages, back taxes on home/property, etc. If the Estate is small to average the Executor/Executrix has the right to either do this on their own (you can get the forms) and it's much cheaper and usually quicker than a lawyer doing it and not as hard as lawyers would have you believe. If the Executor/Executrix decides to this they have to account for everything in the said Will and ALL expenses they have had since that person's death. The Executor/Executrix can sell the home, but should give the heirs a chance to decide if one of them wants to buy that house or property outright. Once the house/property is sold that money goes back into the Estate and divided according to the wishes of the deceased. The Executor/Executrix can also sell a car, motorcycle, boat, etc., but, if one of the heirs would like to buy it they should have that option and proceeds go back into the Estate to be equally divided by the said heirs. THE EXECUTOR/EXECUTRIX CANNOT CHARGE GAS, USE ANY MONEY FROM ANY ACCOUNT OF THE DECEASED FOR THEIR OWN PERSONAL GAIN ... SUCH AS BUYING SOMETHING FOR THEMSELVES. In some Wills a person will leave anywhere from 2% - 5% or possibly more of the entire Estate to the Executor/Executrix for their time and effort. If it isn't stated in the Will, the heirs don't have to give them anything, but should if they feel a good job as it can be time consuming processing a Will. Usually 3% is fair, but depends if it's a small or large Estate. I would highly suggest you see your lawyer. Good luck Marcy * Probate laws differ in each state. Therefore not all such acts noted are legal in all US states. For example, in many states no property regardless of what the item may be can be taken, sold or distributed until permission is granted by the probate court. In other states any property that is exempted from probate can be distributed to family members or heirs as it is not subject to creditor action in case of outstanding debts. In most US states the only way an executor, executrix or personal representative can be removed is by a bringing suit in probate court charging said persons with misappropriation and mishandling of the estate. Removing a fiduciary is damaging to the estate and is rarely allowed by the court. And of course the accused party has the right to defend themselves and so on and so forth, in other words it is time consuming and usually very expensive. This is the reason it is not prudent to waive bonding of an executor or executrix even if the grantor prefers to do so.
Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?
Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.
What paperwork do you need to show that you are an executor?
You can usually get the forms from the court house or perhaps online. It would be a request to be appointed executor and a letter of authority. If they are properly filled out, the court will sign the letter of authority.
