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The executor would have that authority. They don't need anyone else's permission.

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Q: Can my sister the executrix sale my deceased dad's home without sibling signatures?
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Can your sister the executrix sale your deceased dad's home without sibling signatures?

The siblings' signatures are not required. The executor acts on behalf the estate. They have the power to transfer title, though they may require court approval.


Can you sell your deceased mothers extra cemetery plot without the signatures of your siblings in Michigan?

No you would need all signatures of all siblings giving you the right to sell


When someone is deceased can their credit report be viewed online?

No. Credit reporting bureaus will not allow access to the report without an order from the probate court. Such an order is usually only granted to the named or appointed executor or executrix of the deceased's estate.


If sibling and you are remainders of the estate and sibling dies then who owns the estate?

You need to consult with an attorney who can review the title and how it was created. If the sibling was unmarried and without children their interest may pass to you. However, you may need to probate their estate. If there is a surviving spouse or children of the deceased sibling the situation becomes more complicated. The attorney can advise you of your options under your state laws.


Can the executrix of an estate in the state of nc dissolve the estate without the consent of the beneficiaries?

The executrix is responsible to distribute the assets according to the will or the laws. The consent of the beneficiaries is not required.


What if an executrix rejects an offer on a property jointly owned without knowledge or consent of one heir?

That is the option of the executrix. They don't have to get permission from every heir to manage the estate.


Can a deed to the family home be transferred to the executrix who is also a beneficiary without the signatures of all the beneficiaries?

The beneficiaries do not have the ability to transfer property. The executor can deed the property to whomever it is being sold or distributed to. The executor can also transfer the deed to the estate while determining disposition.


Who becomes the executor of your sister's estate if she died without a Will and failed to change your deceased mother as her life insurance beneficiary?

The succession would be the biological father. If he is deceased, then the oldest biological sibling. The siblings can agree to appoint 1 sibling who is not the eldest, but the agreement should be in writing. You should likely consult an attorney to be sure what to do. The life insurance company would likely need something from a Court for Intestate deaths.


Can an executor of a will accept an offer on property like a house without letting the beneficiaries know?

The executor or executrix is responsible for carrying out the wishes of the deceased. They are not, strictly speaking, required to consult the heirs as to the details of this unless the will explicitly specifies that they must. The answer, therefore, is yes, she can. If one of the heirs believes the executrix is not acting in good faith, then there are legal remedies for this; they should contact an attorney. Not taking the first offer that comes along is not necessarily a failure to act in good faith, though.


Is sister responsible for deceased brother debt if no will?

Without some other duty owed the creditor (ie: cosigner on a loan, executor of estate obligated to pay creditor out of estate assets), there is no responsibility for the sibling of the deceased to pay the debts of the deceased. Further, the executor of an estate has no personal liability to pay debts of the deceased beyond the available funds of the estate. ---- Atty. John Libertine is providing this information for research purposes only, and is not offering legal advice. Licensing information is subject to change.


Can one sibling be selected to be executor of the estate even though all 5 children have been assigned as executors of the estate?

* Generally there are only one or two Executors to a Will. Executor (male) or Executrix (female.) It is odd there should be five Executors. An Executor/Executrix has the right to decline to handle the wishes of the said Will and this is the reason for basically having a back up Executor or Executrix. The group of siblings should get together and decide who will be handling the Will as Executor or Executrix. If one is chosen then they should get a fee for their trouble which is anywhere from one to four percent of the entire Estate (property, monies, etc.) and that will be up to the other siblings unless otherwise stipulated in the Will.


Your grandmother just passed leaving you her property She has appointed you as independent executrix of her estate she has two surviving adult children do you have rights to sell the house?

The duty of the executrix is to carry out the wishes of the testator. What does the will say about the house? Was the house in the deceased's name only or were there other names on the deed? In that case, the house passes by the deed, not the will. In any event, you cannot sell the house if the testatrix did not authorize you to do so in the will without going to court and proposing the sale, giving the terms, and letting the judge approve it. The daughters may oppose the sale, of course.