No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.
Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.
Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.
Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.
Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.
Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
No, you can't just keep it when its to be divieded equally between 3 siblings! That's called stealing and you would go to jail.
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.
It is not likely to be allowed. The mortgage was an agreement between the parents and the bank. The bank may consider redoing the load with the new owners on it, but they don't have to.
I am assuming that the oldest executor will take charge
No, once the mortgage company begins the foreclosure process they will find out that your mother is dead. This will not stop the foreclosure process. The only way to avoid that is to make the payments.
You can only mortgage your own interest in the property. Generally, the lender requires that all owners consent to a mortgage so that in the case of a default, it can take possession of the property by foreclosure. Therefore, it is likely the lender will require that the other owners join in the mortgage.
my family and I live together however my brother and I are on the mortgage and listed as owners as the dual owners. we have added two family members on the homestead we have all paid on the mortgage and house bills. what rights do the other siblings have to the house?
Your sister may not be correct. You should contact the attorney who is handling or who handled the estate and direct your question to her.
Assuming you mean:"¿Tienes hermanos, tíos, abuelos?" That means: "Do you have brothers [or siblings], uncles, grandparents?"
* 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.
The Keller's had two houses, one for Helen, her father and mother, and her two siblings, Mildred and Philip, plus the servant. The second one was for her half brothers, Simpson and James. I am assuming that the second house was not as big as the first.
You need to probate your mother's estate in order to pass title to the real estate to her children. The bank should be notified of her death and should also be willing to allow you to assume the mortgage payments. If the terms of the mortgage are reasonable then try to negotiate an assumption of the existing mortgage rather than a refinance. You should seek the advice of an attorney.