The will must be adhered to and if not, you can probably create a suit that removes him as the executor of the will and instates someone else (probably a court-appointed lawyer). Any property specifically left to you is yours; nobody can change that by any legal means.
However, if there is no will or if he is deciding how and when to use items or property not included in the will, that is his job as executor;you might make a case that he is not fairly doing so, but otherwise tough luck.
They have the right to challenge the will and executor as possible beneficiaries.
The executor is breaching their duties. They have no control over the estate prior to the testator's death.
Yes. That is one of the duties of the executor. The debts must be paid out of the assets of the estate before legacies are paid to the beneficiaries.
Certainly, they file a petition with the court. They usually require the agreement of the beneficiaries of the will to do so.
Yes, the executor has the authority to manage and oversee the sale of a house in a deceased estate. The executor is responsible for handling the deceased person's assets, including the sale of property, according to the terms of the will or state laws if there is no will. The executor must act in the best interest of the estate and its beneficiaries.
When your boyfriend made his will he would have appointed an executor of the will for it to be a legal document and the executor has a duty to carry out the wishes of the deceased as stated clearly and without doubt in the will therefore you do not have to find the will of your deceased boyfriend as if you are mentioned as being one of the beneficiaries to part of the deceaseds estate then the executor would contact you as all of the stipulated wishes must be shown to be carried out fully by the executor of the will before he can be given his fee for the job.AnswerIf your boyfriend's will has been filed for probate all you need to do is determine which court has jurisdiction in his place of residence. You can exmine the will in person or call the court to inquire about obtaining a copy by mail. If you are asking advice on how to actually "find" a will that you know he executed before he died, click on the link provided below for some ideas on where to look.
In the United States an executor must be appointed by the court. In Canada an Executor can be assigned through the will by the deceased. The executor must prepare all the documents and perform all the due diligence prior to the estate being granted probate by the courts. The executor is the designated person who handles all the affairs of the deceased and is the liaison person between the beneficiaries and the lawyer.
In no state are they responsible to do it with their own money. If you are the executor of the estate, yes, insomuch as there are assets to pay them with. If the debts exceed the assets, there are some people who will not get paid, including the beneficiaries.
The executor IS the owner of the property, for the purpose of probate.
Yes, the executor is responsible for securing the assets. Although co-operating with beneficiaries to avoid contentious probate is always wiser
The executor should operate in the estate's best interests.
In most cases, adult children are not personally responsible for paying the foreclosure debts of their deceased parents. Debts of the deceased are typically settled using the assets within their estate before any inheritance is distributed to beneficiaries. However, it is advisable to consult with a legal professional to understand the specific obligations in your jurisdiction.