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Can the executor of a property raise the rent while still in probate?
Wiki User
∙ 11y ago
There is no reason that they can't. They are responsible to maintain the estate. If the rent was below market value, they could actually be held liable for reducing the value of the estate.
Wiki User
∙ 11y ago
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Can you find out who is executor of a will while the person is still alive?
If you know the court or office where the will was admitted to probate, you can find out there. The judgment or order admitting the will to probate and appointing the executor will be matters of public record.
In WI does said named executor have rights before the will is admitted to the court and if said executor does not open probate does he still have rights to execute the will?
No and no.
During the caveat does executor have power to act?
In the UK: The caveat stops the probate court from issuing probate, generally speaking the caveat is in place to prevent the estate from being distributed. Of course whilst the caveat is in place the estate could not be collected. However there is much work to be done prior to the submission of the probate application, for example if there was a property the executor would still be responsible for ensuring the property was maintained correctly, insurance would still need to be in place, utilities would need to be contacted. In addition the liquid assets would still not be collated. There is still lots to be done even though the caveat is in place. Of course eventually the executor would reach a point where they could go no further. However, the filing of a caveat holds the appointment or grant of probate in abeyance until the issue of the caveat is settled. Therefore the executor does not have the legal "power" or authority to act in place of the person who has died until Letters Testamentary have been issued.
Can a co executor sell a house that is still in probate and possible a pending forecloser?
With the permission of the court, certainly. And you can't get out of probate until something is done with the house.
Can an executor remove property before probate?
The named executor or family can secure the property and must immediately file the will and commence the probate procedure. Until appointed by the court, an executor has no legal authority over the estate. If necessary, there is en expedited process by which a temporary executor can be appointed by the court until the executor can be appointed.
How do you become a executor of the estate in Colorado?
To become an executor of an estate in Colorado, you need to be named as such in the deceased person's will. If you're not named, you can still apply to the probate court to be appointed as an executor. This involves filing a petition with the court and providing necessary documentation, such as the death certificate and the will. It's advisable to consult with an attorney familiar with Colorado probate laws to guide you through the process.
Can a executor of an estate sell or give away items if the person is still alive and of sound mind?
Of course not. No one is an executor until they have been appointed by the probate court. No one is appointed by the probate court until the testator has died. Any person who gives away the property of another person should be reported to the police and prosecuted.I hope you understand that there is no such thing as an executor of an estate of a living person.
A person dies his widow is named as his sole heir and his son is named the executor of the estate does the estate go to his widow and does the son still have to execute his part in the will?
If your father died as the sole owner of property, i.e., property not held as joint tenants with the right of survivorship with his wife, then his estate must be probated in order for title to property to pass legally to his wife. If his will provided that all his property was to pass to his wife then the will must be probated and once allowed must be followed to the letter. If the son does not want to be appointed executor, the widow can choose an alternate executor, file an assent with the petition for probate and the son can file a declination. The widow should hire an attorney to handle the probate of the estate.
The probate of my father's estate has been completed. The house is now owned by my three siblings and myself. Does the executor still have control over rental or sale of the house?
This would depend on whether the executor has left the property in your fathers name or if it has been transferred into your names.In the United StatesNo. Generally, equitable title to real property passes automatically to the heirs. In most states, the estate must be probated in order to perfect legal title in the heirs. Since the debts of the decedent must be paid before any property has been distributed there is always the possibility the real estate must be sold to pay debts. An executor can sell real estate only if they have been granted that power in the will or if a license to sell has been issued by a court. Once the probate process is concluded (after debts and taxes have been paid) the executor has no authority over the real estate. Record title does not need to be transferred to the heirs since probate is part of the public record of real property ownership. The property now belongs to you and your siblings. However, you can arrange to have a deed drafted in your own names.State probate laws vary. You should consult with an attorney who specializes in probate laws in your jurisdiction.
If mom left house to granddaughter in will do you still have to go through probate?
Probably. The existence of a valid will does not avoid the need for a probate proceeding. In fact, the will functions as instructions to the probate court as to (a) who will administer the estate (the executor or, in some states, personal representative), (b) who will receive property, and/or (c) who will have priority for appointment as guardian of the decedent's minor children (or, in some cases, adult incapacitated children or spouse).If the house in question was titled to the decedent alone at the time of death (that is, was not held in joint tenancy or by a trust or similar arrangement), then a probate proceeding will probably be required to determine the successor to the property. If the value of the property is not large, some states may permit a summary probate proceeding to convey title, but the proceeding is still a probate (albeit simpler).
Can an executor who is also a beneficiary in a will step down as executor and disclaim his inheritance even though the will has not been executed after ten years?
The will should have been filed in probate when the testator died. It is unclear from your submission whether the executor was appointed by the court. An executor has no power to act until they have been duly appointed by the probate court. Once appointed by the court the executor has the authority to settle the estate according the the provisions of the will, state laws and, very important, under the supervision of the court.If the court appointed executor doesn't perform their duties with expediency the beneficiaries can petition the court to have them removed and a successor executor will be appointed. In this case it sounds as though no one was concerned with a proper probate of the will if ten years has passed, someone thinks they are still the "executor" and the estate isn't settled. It would be interesting to know if indeed the will was ever properly filed for probate.
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.
