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Can one of the co executor's distribute property without the other co executor?
Wiki User
∙ 16y ago
Generally, no. First of all, when questions arise involving a will, you first see if the will makes a specific provision for the problem. A will may state that each executor may act independently of the other but this can cause problems. If the will is silent regarding independent action then look to the law of the jurisdiction in which the will was probated. Most state's law provide that unless the will says otherwise, the executors must act together. When there are two co-executors and they disagree about distribution, the matter could wind up in court where it will determine who is right and who is wrong.
Wiki User
∙ 16y ago
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Can the executor sell property without all beneficiaries approving in Virginia?
The executor of an estate always has the ability to sell property if allowed by the will. As long as the court agrees, the desires of the beneficiaries is secondary.
Is a spouse of one of the beneficiaries of an estate permitted to remove tangible property from the home such as tools?
The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.
Can a joint executor make decision without the other?
In Texas, they must act jointly.
In state of tn can executor sell real property without the consent of all beneficiaries?
The answer is a frustrating one...it depends. In Tennessee, real property transfers immediately at death to the heirs-at-law or beneficiaries as named in a valid unrevoked will. In most cases, it is necessary to obtain the consent/signatures of all heirs or beneficiaries to the real estate under the will before it can be sold. However, it is possible to petition the court to bring that real property into the estate and thus under the control of the executor. It would wise to consult with an attorney in your county that regularly practices in the area of estates and probate in order to assist you with this matter.
If you are the executer can someone else take over your authority and duties without your knowing about it?
No. You are the court appointed executor unless the court appoints someone else because you have failed to perform your duties as executor. In that case the court would notify you and there would be a hearing.
Can a Co-Independent Executor act on legal documents without the other Executor?
Yes, except when selling real property. In selling real property all co- independent executors must execute the document.
Can executors transfer all shares to one Heir which wasn't a request on the Will without even informing other Heirs of this?
The executor has no authority to change the will and must distribute the estate in accordance with the document.
Can anyone other than the executor of the will put the house on the market or sell it without the executors permission?
no
Can a subsequent deed be recorded against the estate without the Executors knowledge?
It wouldn't make any sense to do so. The executor is the only one with authority to deal with the real property. To file the deed without their knowledge would prevent the property from being resolved.
If there are co-executors mentioned in a will one by name the other only by address who is the executor and does the executor have the right to remove any property without the will being read?
First, no one is the executor of a will until the will has been submitted to the probate court for allowance and the executor(s) has been duly appointed by the probate court.Typographical errors and indefinite references made in the will will be resolved when the will is reviewed by the court. The will must be submitted with a petition asking the court to allow it and appoint the estate representative. The court will issue Letters Testamentary to the appointed executor(s).No one has any right to remove any property from the estate until the will is allowed and the executor(s) appointed by the court. Once appointed the executor is the only person with the right to manage the estate property. They must pay the debts of the decedent, pay the costs of probating the estate and distribute the remaining assets according to the provisions in the will and the state laws of intestacy.
Can a co-independent executor lease a property by themselves?
I am a joint executor of a property that has been left to me and my sister in our mothers will. Are we qualified to rent out this property on lease, without the need to transfer ownership.
Can a property from probate estate be rented out indefinitely?
The estate must be probated in order for legal title to the property to pass to the heirs. The property cannot be insured until there is a legal owner. You have no right to enter into a rental agreement unless you are the legal owner. Any contract you sign would be void and further, it would be fraudulent. The tenant has the right to know who the legal owner of the property is. Property from a probate estate cannot be rented out indefinitely. Property that is in a probate estate is within the sole possession and control of the executor but only until administration of the estate is completed. The executor is obligated to administer the estate promptly then distribute the property to the rightful beneficiaries. Since only the executor may rent out property that is in the estate and since the executor's authority over the property is only temporary, it goes without saying that an executor may not rent estate property out for an indefinite period of time.
Can the executor sell property without all beneficiaries approving in Virginia?
The executor of an estate always has the ability to sell property if allowed by the will. As long as the court agrees, the desires of the beneficiaries is secondary.
Can you sue a person that has sold a house without checking with the executor?
Yes, you can certainly sue for that. The executor can go to the court and have the sale nullified. Only the executor can transfer the property of the estate.
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.
What must be done if a person dies without a will?
The estate is opened and an executor appointed. They must distribute the assets in accordance with the jurisdictions intestacy laws.
Can the executor sell the property without all beneficiaries approval in South Africa?
The beneficiaries don't get to make the determination. As long as the court is satisfied, the executor can do so.
