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Can the executrix write checks from the deceaseds bank account in order to pay the funeral home utilities on the deceased property etc?
Wiki User
∙ 14y ago
It is improper and maybe even illegal for her to do this. She needs to open up an estate account to put all monies in and then provide a meticulous accounting for any monies spent. If she doesn't do this correctly she could face legal penalties or charges.
Wiki User
∙ 14y ago
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Tax on all real and personal property of a deceased person is?
estate
What happens if a person sold a property of a deceased person and used a power of attorney?
A POA is extinguished at the moment of death. If a POA was used to sell the property of a deceased person the sale was null and void. The former attorney-in-fact had no legal interest in the property, couldn't sell it and committed a fraud. The buyer did not get title to the property.
What type of tax is imposed on all real and personal property of a deceased person?
estate (A+)
How is tax rate for inheritance tax determined?
it depends on the value of the property received by the beneficiary and the relationship to the deceased.
How is the tax rate for inheritance tax determined?
it depends on the value of the property received by the beneficiary and the relationship to the deceased.
Can the executrix put their name on the deed only if all 8 children are named in the will?
An executrix must carry out the wishes of the deceased. If any of the eight children were excluded by the deceased from inheriting a piece of property she cannot put his or her name on the deed for it.
Is it legal for executrix to decide who gets tangible personal property even though deceased left a specific letter of division?
The executrix is required to execute the will as written to the best possible extent. Any deviation has to be approved by the court.
Can parents' property be in the name of the executrix?
If you mean the parents have deeded or willed the property to the person who will become the executrix, then, yes it is legal and not unusual, absent evidence of wrongful persuasion or the like.
Can the next of kin do a quit claim to the property of the deceased?
No, nothing can be done with real or personal property of a deceased person(s) until the probate procedure has been completed. States establish probate laws, each state has different requirements for the procedure and stipulates different types and amounts of property that is exempt from probate action. Contact the executrix or executor of the deceased estate or the clerk of the probate court of jurisdiction for more specific information.
What about living expenses in deceased property do you have to pay water trash and gas and electric while house is waiting to get sold?
If you are living in the property, the utilities should be paid by the tenant. They should be paying rent as well.
What can I do about my sister who is executrix of my mother's will and is delaying sale of property?
You could get a lawyer.
Is the deceaseds spouse responsible for debts not in their name?
They might be. Anything jointly owned would normally become sole property of the spouse, but, is still part of the deceased's estate. After taking appropriate legal steps for example, a creditor could force the sale of a jointly owned property, splitting the money with the spouse to start paying off the deceased's debts. If all the deceased's assets are liquidated, and it is not enough to pay off the debt though, then the spouse is not responsible for that part, that debt will then have to be written off.
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.
If a child is alternate executrix of father's will and the step mom is the executrix does the child legally have the right to obtain copy of the will?
Absolutely! Many people have either 2 Executrixs (female) or perhaps an Exector (male) and Executrix. Executrix's aren't taken lightly and they are to follow the wishes of the deceased to the letter. This means paying off all bills and other debts, and then the Estate goes into Probate and they will be sure all person/property taxes are paid and all creditors are paid. Once this is done then what is left in the Estate will be disbursed to any Heirs that the deceased mentioned in the Will. The Executrix can also collect 1% - 3.5% out of the total assests of the Estate for carrying out this duty, but anything over 3.5% may go into court as it's on the high side. Usually family within family won't charge anything for being Executrix or if they feel they deserve it won't go over 2% of the total Estate. Marcy * The person will need to file a request with the probate court to obtain a copy of the will if the primary executor or executrix refuses to supply them a copy.
Can you make fellow residents pay for using amenities on your property?
If you own a property and are the landlord of homes on the property, you can add to your contract that the tenant has to pay utilities. However, if that is not in the contract, it may difficult to get them to pay utilities.
Who pays the utilities that are related to life estate property?
The current tenants of the property in question.
Can a sister who owns 75 percent of a house be forced to sell the property by the sister who is the executrix of their deceased mother's estate?
No. She cannot force the sale of the home, but she can file a lawsuit and request that the property be partitioned. The judge would decide if the property would be subject to sale. Judges generally give the person who does not want to sell the property the opportunity to buy out the other owner(s). This would only be possible if there were not terms included in the will forbidding the sale of the property, such as the bequest of a life estate.
