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Yes they can, but it is the Executrixs (female) Executors (male) responsibility to be sure all contents are kept in tact until the Will is probated (making sure all creditors and all taxes are paid on any property.) The family can divide family photos and a few other items, but not much else. If caught it is really against the law, but many families will go into the house as a group (say 2 or 3 siblings ... all should be present) and if necessary equally divide whatever furnishings there are and personal contents. This does not include the house and that must go to probate. Say for instance your parent(s) owned a ranch and they raised race horses. You cannot sell the ranch, take some of the horses or sell those horses until Probate and everything is divided in accordance to the Will.

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โˆ™ 2005-09-07 04:43:44
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Q: Can children of a deceased parent be allowed access to the parent s apartment even if they are not the executor?
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Is the executor of a will allowed to sell property of the deceased one month after he has passed away?

Only if the will of the deceased asked for this to be done.


What rights does a sibling have to ask to see deceased parents bank accounts from the executor?

yes he/she is allowed


Is it legal to read a will when the deceased isn't actually deceased?

Only if you are the estate lawyer or have been named executor of the estate. No one else should be allowed to have a copy.


Does the executor of a will have the right to ask the bank for old bank statements of the deceased?

They would typically be allowed to do that. The executor can pull some gifts back into the estate and that is one way of finding gifts of cash.


Can a child who is not executor of estate be allowed to help the other two children who were named executor of estate in the cleanup of deaceased parents household with no spouse?

Certainly.


Can the executor demand the key to my deceased mother's empty house?

Yes. Once an executor has been appointed by the courtthey have legal control over all the property of the decedent. If you don't surrender the key the executor can hire a locksmith to enter the premises and change the locks. Once the Will has been allowed in the probate court, and the executor appointed, you have no right to enter the premises without the permission of the executor.


Can an executor who is also a beneficiary contest a will he is executing?

Generally, a will contest is filed when notice has been given that someone has petitioned the court to have the will allowed and appoint an executor. An executor is not appointed until the will is allowed. If there is some dispute as to the validity of the will an executor will not be appointed until the court makes a decision whether or not to allow the will. So to answer your question, until the will is allowed by the court there is no executor. After the will is allowed and an executor is appointed, it's too late to contest the will. Sometimes information becomes available after the will has been allowed such as a later will found. That is another category of court action.


As an executor does the will have to go through probate process?

An executor is not an executor until the will has been examined and allowed and they have been appointed by the court.


Can an executor of an estate remove an heir from the will?

No. The executor cannot make any changes to the will. An executor has no authority until the will has been examined and allowed by the court and the court has officially appointed the executor. If the executor makes "changes" to the will they should be reported to the court.


Will with beneficaries but no executor?

Someone must petition the probate court to have the will allowed and to appoint an executor. The executor will have the authority to settle the estate according to the terms of the will under the supervision of the court.


Is the executor of a family member's will required to carry out all of the deceased wishes even if the executor disagrees with some of the deceased's requests?

First, no one is an executor until the will has been allowed by the probate court and the court has appointed the executor. Until appointed by a court, an executor has NO power.Once appointed, the executor MUST follow the provisions of the will regardless of their personal feelings. The executor has no personal interest in the estate. They perform their responsibilities under the supervision of the probate court and will be held personally liable for any misbehavior.Every person has the right to decide what will happen to their property when they die. Those wishes are expressed in a will. Only a judge can modify the terms of a will after the testator has died..


Can an executor take ownership of estate property if it was supposed to be divided among beneficiaries?

No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.


Can a executor be the sole beneficiary of mothers will in Massachusetts?

As long as the will was properly drafted and is allowed by the court the executor and the beneficiary can be the same person.


Can a quit claim deed be executed by the executor if the property owner is deceased and the executor would be the grantee?

If the owner of the property is deceased their estate must be probated in order for the heirs or estate representative to obtain legal title to their real estate. The executor must submit the will to the probate court for allowance. The court will examine the will to make certain it is valid and if the will is allowed the court will appoint the executor as long as there are no objections to the appointment. The executor will have the authority to transfer title to the real estate once the debts of the decedent have been paid. The executor may be required to obtain a license to transfer the property unless that power was granted in the will. You should consult with an attorney who specializes in probate law in your jurisdiction.If the owner of the property is deceased their estate must be probated in order for the heirs or estate representative to obtain legal title to their real estate. The executor must submit the will to the probate court for allowance. The court will examine the will to make certain it is valid and if the will is allowed the court will appoint the executor as long as there are no objections to the appointment. The executor will have the authority to transfer title to the real estate once the debts of the decedent have been paid. The executor may be required to obtain a license to transfer the property unless that power was granted in the will. You should consult with an attorney who specializes in probate law in your jurisdiction.If the owner of the property is deceased their estate must be probated in order for the heirs or estate representative to obtain legal title to their real estate. The executor must submit the will to the probate court for allowance. The court will examine the will to make certain it is valid and if the will is allowed the court will appoint the executor as long as there are no objections to the appointment. The executor will have the authority to transfer title to the real estate once the debts of the decedent have been paid. The executor may be required to obtain a license to transfer the property unless that power was granted in the will. You should consult with an attorney who specializes in probate law in your jurisdiction.If the owner of the property is deceased their estate must be probated in order for the heirs or estate representative to obtain legal title to their real estate. The executor must submit the will to the probate court for allowance. The court will examine the will to make certain it is valid and if the will is allowed the court will appoint the executor as long as there are no objections to the appointment. The executor will have the authority to transfer title to the real estate once the debts of the decedent have been paid. The executor may be required to obtain a license to transfer the property unless that power was granted in the will. You should consult with an attorney who specializes in probate law in your jurisdiction.


What can you do when deceased informed heirs how estate was to be distributed in front of witness The only will deceased has named a executor and does not have latest wishes included?

You can bring your story to the court during the statutory time period allowed for making objections to the will. The court will hear the story and then decide whether or not to allow the existing will. A written will usually takes precedence.


How do you become a court appointed executor?

You file the will with the probate court with a petition asking that the will be allowed and that you be appointed the executor. If there is a named executor in the will who has died or who does not want to serve you should provide proof to the court.


When does the job of executor of an estate start?

The executor's official duty begins as soon as the will has been allowed and "Letters Testamentary" have been issued to the executor.


How does an executor withdraw the balance of a bank account?

When the Will is allowed and the Executor is appointed by the court "Letters Testamentary" are issued to the Executor. Those Letters set forth the legal authority of the Executor and a copy should be presented at the bank to make the withdrawal and close the account.


How do you settle your deceased father's estate who died with a will?

The will must be submitted to the probate court to be proved and allowed. At the same time you petition to be appointed the executor. Once the court has allowed the will and appointed you as the executor it will issue Letters Testamentary in your name. You will have the authority to settle the estate according to the provisions in the will, the laws of intestacy and the laws governing probate in your state. You should consult with an attorney who specializes in probate who can guide you through the process. The actions of an executor are controlled by statute and there may be personal liability if the executor fails to follow statutory law. Most people need the expert advice of an attorney to carry out their responsibilities according to law and avoid any personal liability.


If someone is the executor of estate and wants to do a modification on a loan they are not on is that an option?

The decision to allow the executor to modify an existing mortgage is up to the lender. The executor could refinance the property with a new mortgage if allowed by the court.


Who can legally probate a will?

Generally, a court appointed executor can probate an estate once the will has been proved and allowed by the court and the court has officially appointed the executor.


Are we allowed to ask executor of an estate question?

No one can prevent you from asking! The executor may decline to answer the question. And there is seldom a way to force them to answer it if the court agrees with them.


If you are a beneficiary in a will who notifies you?

You will be notified by the person who petitions the court to have the will allowed and to be appointed the executor.


Can a will be dealt with solely by the Executor?

Yes, once the executor has appointed by the probate court and the will has been allowed. The executor will then have the power and authority to settle the estate according to the provisions in the will AND the state probate laws under the supervision of the court.


Should historians be allowed to dig up deceased bodies for historic purpose's?

no they should not be allowed to dig up the bodies of deceased people for historical purposes and information about the past