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Can the executor of a living trust refuse to pay money to beneficiaries even though all debt has been paid and there is still property to be sold?
Wiki User
∙ 10y ago
A trustee manages the property in the trust. An executor manages the property owned by a decedent at the time of their death. You need to review the trust document to determine what the trustee must do with the trust property now that the settlor has died.
Wiki User
∙ 10y ago
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Can 1 executor refuse to release cash until other executor agrees to what he wants to do with property?
When there are co-executors of an estate one has no superior rights over the other. If they cannot agree then the conflict needs to be presented to the court for a solution. The beneficiaries have the right to expect that the estate be settled with expediency. An executor who is holding up the process can be removed by a petition filed by the heirs or the other executor.
Can the executor of a will refuse the beneficiaries a breakdown of all details regarding the will?
Generally, no. An executor has no authority until the will has been submitted to probate court, proved and allowed, and the court has officially appointed the executor. Once a will has been filed for probate it becomes a public record and anyone can go to the court, request the file and review the will and any other filings. An executor should not be secretive about a will or their actions in settling the estate.
If the Will contest is dropped placing the Executor as the sole Owner can they refuse to take possession and continue to act as Executor for the Deceased?
The construction of your question reveals much confusion regarding the probate process. The withdrawal of a Will contest does not make the executor the owner, it allows the court to appoint the executor. A person is not the legal executor until they have been duly appointed by the probate court. Once appointed the executor has the authority and responsibility of settling the estate without any interference by the beneficiaries.
A Will has been Probated. The Executor has paid all bills and has tried to make distribtion to Benificairies. One refuses to accept payment. and wants more and more info. Can the Executor say no?
If they refuse to accept payment, the amount is then spread out amongst the other beneficiaries. If the court accepts the distributions, the estate can be closed.
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.
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.
What can heirs of an estate do if the executors refuse to have items appraised as stated in the will?
Return to the court that appointed the executor and petition to have the executor removed and a new one appointed.
What if I don't want to be the executor?
If you don't want to be the executor, you can always refuse the assignment. Make sure to speak with the person writing the will or legal document and state your refusal in writing.
Can your family member who is executor and beneficiary of estate refuse to pay deceased debts?
The executor cannot refuse to pay properly documented debts. They do not have to pay them personally, the money comes from the estate. If there isn't any money, they show the court the assets and distribution and the estate is closed.
Can executor live in real property without paying rent to estate?
The executor has no legal right to live there rent-free, but this will depend on the probate laws of the state of probate. It is a tricky practical question because there are benefits and detriments to having the executor live in the house rent free. Begin with the idea that an executor entitled to complete possession of all estate property during administration but is not allowed to use estate property for personal gain Also, executors must use assets of the estate to reasonably maximize income prior to distribution. Taking those at face value the answer is that the executor has no right to live there rent-free. Living rent-free is using estate assets for personal gain and not earning income. Theoretically it could be rented short term to someone other than the executor and the house would earn income. But renting houses on a short term basis is not recommended and usually not done because tenants may refuse to leave and have to be evicted through the courts. Or they may damage the house. In the real world though it sometimes happens because there are benefits to having someone in the house rather than leaving it vacant. A vacant house costs more to insure than a house with a resident, so the estate saves on insurance. Another benefit is prevention of possible damage in case a fire starts or pipes freeze or vandalism occurs or contents are stolen or even if squatters break in. A person living there would be able to prevent serious damage. The problem with those benefits is that aside from the extra cost of insurance, they cannot be quantified to see if they are worth more than not renting the place out. For this reason, it is generally held that an executor has no inherent right to live in the estate house rent-free. But the alternative is to pay higher insurance rates and perhaps pay to board up the house. Either way the estate will incur some expense to preserve the house. For this reason, everyone usually gets together and agrees on some compromise. The executor might be the spouse of the deceased, and the property might be the house in which the executor lived prior to death - back to the question of practicalities
You were appointed executor for a recent decease but you are not happy to perform the role Can you refuse?
There is usually a procedure to 'renounce' executorship, but renunciation must be done before the named executor takes even one step. Otherwise the executor would have to apply to court to be relieved of the executorship.
Can an heir refuse to probate a will with oil and gas mineral interest at stake?
An heir has no right to refuse. Debtors can apply to the probate court for someone to become executor and protect their rights and debts.
