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Can executor be forced to probate mineral rights to heirs in timely fashion?
Wiki User
∙ 13y ago
Yes. A court appointed executor is obligated by law to settle the estate with expediency. However, the executor is bound by the speediness of the court where the probate is filed.
Wiki User
∙ 13y ago
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Can a person refuse to be a joint executor of a will?
Yes. No person can be forced to accept property given to him/her by someone else's will. Likewise, no person can be forced to serve as an executor. A named executor is said to have a duty to offer the will for probate or lodge it with the probate court without offering it for probate, but that is as far as it goes. As to the property, many states have laws whereby a beneficiary may "disclaim" his gift. There is also a common law right to renounce it. Unfortunately in this case, if the person is the sole beneficiary and there are no alternate beneficiaries either in the will or in law, the estate may escheat to the state. If you wish to refuse the estate you may also do it by assigning it to another person. Maybe we can talk.
As sole executor of will can you be forced to sell house by the other beneficiaries?
As an executor, you have a duty to sell the house and distribute the proceeds. If you want to buy the house from the estate, you can make that arrangement.
Can an executor of an estate be forced to sell stocks?
If the stocks are part of the estate's assets and there is a legitimate reason for selling them, such as to pay off debts or distribute assets to beneficiaries, then yes, the executor can be required to sell the stocks as part of their responsibilities. However, the specific requirements and circumstances may depend on the laws governing estates in the relevant jurisdiction and the terms of the will or estate plan. It is advisable to consult with a probate attorney for guidance in such situations.
Can an executor place a house for rent that is still in probate?
This question has two potential answers depending upon whether the executor is the one renting the property or the beneficiary designated to receive it under the will is renting the property. If you mean rented by the executor, it may be at any time as soon as the will is probated and an executor is appointed to act. (Or an administrator if there is no will.) Most states have a statute taken from the Uniform Probate Code that gives the executor possession and control over every asset of the estate during administration of the estate even to the exclusion of beneficiarires who are designated to receive the property. During administration only the executor may rent it out, but the executor retains the discretion to decide if renting it is beneficial to the estate. Thus, even though an executor has the power to rent it out, he or she does not have to do so and cannot be forced to do do by a beneficiary unless a court orders it. If you mean rented by the ultimate beneficiary, the beneficiary cannot rent it out until the executor formally transfers the property from the estate to the beneficiary even if the will explicitly gives the house to that beneficiary. Once it is transferred, it is no longer part of the estate and the executor has no legal right to possession or control, therefore no right to rent it out or refuse to rent it out. The transfer to the beneficiary might have to wait until final settlement of the estate just to make sure that it does not have to be sold to pay for debts or expenses. On the other hand, if an executor is reasonably certain that it is not needed for that, the executor may in his discretion transfer the property before finalizing the estate. I believe it is best to transfer the house as quickly as possible during administration as long as it is clear that there are sufficient liquid assets to pay for everything. That way the executor is no longer responsible for the safety of the asset and he or she has a happy beneficiary.
Can an executor of a will force you to accept money from the estate?
No, you cannot be forced to accept a bequest. You can decline and the money will go to the other beneficiaries.
Can a property be forced on a beneficiary?
Yes. Any person who has an interest in seeing the decedent's estate opened can force probate of the will or the grant of administration if there is no will. A person has an interest if he is owed money from the estate on a debt or because of a gift in the will or for any other matter that an executor/administrator might have to do. Sometimes this interest includes forcing probate in order to give or pay something to an estate as long as an executor is needed to accept the item or payment. There are different court procedures enabling an interested party to force probate, depending on the state involved.
How a mineral breaks apart when it does not split evenly?
The two way by which minerals break are called cleavage and fracture. Cleavage is when a mineral breaks along a plane whose atomic bonds are weaker than in the rest of the mineral. Fracture is when a mineral is forced to be broken in an unnatural direction.
Can a person be forced to pay court ordered debt?
In some fashion, yes. The court can garnish wages, seize property, and incarcerate.
Do I have any rights to mementos from my parents when my two sisters who no longer speak to me forced me to sign papers when I was very ill naming one of them Executor in the absence of a will?
Just because you are not the executor does not mean that you aren't entitled to your share of the estate. They are required to do a full inventory and valuation and submit it to the court. You should consult an attorney that know what the laws are in your state.
How do retrieve personal items from apartment of deceased relative?
Be very careful. You must ask to have the items returned to you, or seek permission to enter the premises (from the executor), and you may be asked to produce some proof that the items actually belong to you. The executor will presume that anything in the premises belongs to the estate of the deceased until proven otherwise, as it is the executor's duty to gather and protect all of the decedent's property from people who wander in making informal claims. If the executor makes a mistake and gives you something that later turns out to have been the property of the decedent, you can be forced (in court) to give it back or pay to replace it if you have disposed of it.
Why was there a debate over women's fashion in the gilded age?
people wanted freedom in the way they dressed. wanted something more comfortable then the clothing they were forced to wear
Why did Christian Dior start designing?
Dior was an art dealer, in 1935 he became a fashion illustrator because an illness forced him to give up his former profession.
