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Can you place a lien against an executor of an estate in which they owe money to you?
Wiki User
∙ 15y ago
If you are owed money by the decedent you must file a claim with the court during the time period allowed for claims by creditors.
Wiki User
∙ 15y ago
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How do you open an intestate estate?
Apply to the probate court. The forms typically have a place where someone can ask to be appointed as executor. Consult a probate attorney in your jurisdiction for specifics.
If your sibling owes money to your mom at the time of your moms death does she have to pay it back to the estate.?
That will depend on the will, if there is no will and no signed document then the answer is "no" There MUST BE PROOF that the debt is owed in the first place!!! Your sibling absolutely has to repay the debt to the estate, especially if there is no will. In fact, the only way your sibling can get out of paying the debt is if there IS a will and the will specifically forgives the debt. The debt is an asset of the estate and must be collected by the executor. If your sibling is the executor, she still must pay it back. Frequently, in situations like this, the debt is not actually paid to the estate. The person owing the money simply has his or her inheritance reduced by an appropriate pro rata amount depending on the circumstances. If there is no signed document evidencing the debt, it must still be repaid if the debt can be proved by other means.
What happens when your husband dies leaving an outstanding car loan?
The lending institution can place a claim for payment against the estate.
What is the responsibility of the estate executor of a deceased co-signer on a mortgage?
Usually all monies of the deceased are frozen for a period of time, then Probate takes place. This means that all monies owing (bills, loans, etc.) are first taken off the Estate. In the case of co-signing the banks should be able to give you more information. Either the person that the deceased co-signed for continues to pay the Estate money owing, or if they have stopped paying on the loan then the loan is a debt and will be taken out of the deceased Estate. No one should ever co-sign (not even to a relative or close family) because the co-signer has total responsibility for paying that loan off. Good luck Marcy
When closing a real estate deal what will the real estate broker do with the deposit?
The earnest money deposit is held in an escrow account until the closing takes place. At closing the earnest money is either credited to your side to add to your down payment or it can be credited back to you in the form of a check. If your deal does not close there are different rules in each state as to how the earnest money will be handled.
Can collectors get money from an estate?
If the deceased owed money, debtors can place a claim against the estate. The executor has a duty to notify all debtors of the death of the individual. The assets of the estate must be applied to the debts before anyone can inherit anything.
Can the IRS take my back taxes out of your son estate if im the executor?
They cannot take money out of the estate for your debts. However, they can place a lien on your inheritance from the estate. When the estate is distributed, your share could be taken.
Can hospitals file claims against an estate?
Of course they can! Any creditor can place a claim against the estate. That is how they get paid the money the are owed.
Can a credit card company go after the estate of someone whose only income is social security?
If the estate has any assets, they can certainly apply to get their money back. They can place a claim with the executor. The executor is responsible for clearing any debt before distributing assets.
Can an estate executer file a claim for room and board against the estate and if so would that supersede any medical claims?
They would have to convince the court that it is reasonable. If the executor is from a long way away, small amounts might be okay. The dispensation of the estate has to be cleared by the court. Typically the court will place the executor ahead of other debtors.
How can you avoid probate when you voluntarily foreclose on the home of your deceased mother who did leave a will?
When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.
What does an executor of estate do when a will wasn't made and there is a lot of unknown debt Is it mandatory to post who the executor is in the newspaper so these debts can be paid?
When there is no will, the estate is typically distributed according to state laws of intestacy. The executor would need to identify and pay off any known debts using the estate's assets. While it may not be mandatory to publish the executor's name in the newspaper, doing so can inform any creditors of the estate, making it easier to address outstanding debts.
Can a lien be placed against personal property of executor of an estate if they didnt pay you your inheritance?
A lien can normally only be placed with a court order. The beneficiary can certainly take them to court. And if they win, then they can place a lien.
What does with will or will annexed mean when talking about an estate case summary?
"Will annexed" and "with will" refer to situations where a deceased person has left a valid will but without specifically appointing an executor. In such cases, the court appoints an executor to manage the estate.
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 happens in Texas when the executor of will was convicted for a felony?
In Texas, if the executor of a will is convicted of a felony, they may be disqualified from serving as executor. The court may remove them and appoint a new executor to administer the estate. The specific impact will depend on the circumstances of the case and the terms of the will.
What is the purpose of being bonded to gain access to deceased husbands assets?
If the will does not specifically state that no bond shall be required of the Executor of the estate, then the Probate Court MAY, place the requirement of such a bond upon you. This bond would become the 'insurance policy" to the estate that you perform and carry out your duties as Executor properly and correctly.
