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Can your sister who is the executor distribute your mom's money whenever probate is over?
Wiki User
∙ 11y ago
Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.
Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.
Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.
Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoYes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.
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What should you do with your sister that has power of attorney and executor of the will?
A Power of attorney expires immediately upon the death of the principal. If your parent has died the POA is no longer in effect. If your parent left a will naming your sister as the executor the will must be submitted to the probate court. The court will review the will to determine if it is valid under state laws. If it is allowed then your sister will be appointed the executor if no other person objects to the appointment. Once she has been appointed by the court as executor your sister will have the authority to settle the estate according to the provisions set forth in the will, according to the state probate laws and under the supervision of the probate court.
Can the executrix live indefinitely in the house pay the mortgage without selling or assuming the mortgage even if the 3 other siblings may get money until the house does get sold for enough profit?
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.
Can my sister treat my deceased mom s accounts as her piggy bank and ignore the Will?
No. She would be violating law- stealing the assets of the estate. Someone must submit the Will to the Probate court and petition to be appointed the executor. Once appointed, the executor is the only person who can access and take charge of the assets of the decedent. They will have the authority to distribute the assets according to the provisions in the Will after the decedents debts have been paid.
My sister is executrix of my mother's will From the get go she started removing items from my mother's home and giving some to another sister Is this considered stealing and if so what can be done?
If the items have been inventoried and properly valued, she can distribute them according to the will. If they have not be recorded, she is misappropriating the assets of the estate. Consult a probate attorney in your area. You could file an injunction and a request that she be replaced by an impartial executor such as a bank or lawyer. At cost, of course.
My sister was named executor and three of us are beneficiaries before the will was filed She changed the locks and would not let me on the property was this legal?
In order to obtain the authority of an executor your sister must file the will for probate. The court will review the will and if it is allowed then your sister will be appointed the executor if no one objects. She is not the executor until she has been appointed by the court. You will be notified. Until she has been appointed by the court she has no power whatsoever. However, perhaps she is preserving the estate until the estate is settled, preventing heirs from removing any property. If that is the case then she is acting responsibly. Remember that once they are appointed, the executor has the power and authority to take charge of all the assets and settle the estate under the supervision of the probate court and according to the provisions in the will. She should not be secretive during that process. Once the will is filed for probate the file becomes a public record and anyone can review it. You can go to the probate court, request the file and monitor the executor's progress in the settling of the estate by reading through all the documents contained in the file.
Sister died leaving proeprty to her momBefore probate was completed Mom died Can personal rep deed property to himself under mom's will who gives all to son?
No, but I am making 2 assumptions. I take it that the sister's executor is the mother's beneficiary. I also assume that the mother survived any survivability period that might have been imposed by the will or statute. That being so, the property has vested in the mother, meaning it has become her property now. The only person who can transfer the deceased mother's property is the mother's executor. The correct procedure is for the sister's executor to make an executor's deed to the mother. Then the mother's executor will make a deed to the son. The fact that the mother died before the sister's executor made the deed to his mother does not deprive the mother of the property. The only way the property would not become the mother's is if the will required her to survive the sister by a certain period of time (as many wills do) and she failed to do so. But what happens then creates another problem which I won't go into here. Lastly, as always in probate matters you must check the laws of the state the probate is in.
My sister was the executor she paid nothing spent several thousand didnt talk to me I had to hire an att to get her bring the estate to probate now im in preforeclosure what can i do?
Ask your attorney to sue her.
Who has right to buy deceased car if brother and sister both want to buy it?
The executor will have to determine sale price and who it is sold to. If there is no Will, that is usually the next of kin or someone appointed by the probate courts.
If I am the sole executor of my mothers' will does my sister who has power of attorney have to turn my mother's assets over to me?
Yes. The POA expired at the moment your mother died. Your sister has no power over your mother's assets. You need to petition the probate court to be appointed the executor. Once you have been appointed you will have full authority over your mother's assets and the settling of her estate.
Can you put your sister daughter out your mother house until you here from the probate court?
If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.
Does the executor get a fee on an IRA that was left to beneficiaries herself and her sister?
The IRA is usually treated seperately from the total Estate if there is no Power of Attorney on the documents so it's highly unlikely that the executor would get a percentage unless the heirs agree to it. * No. In the US, the executor or administrator of an estate is only entitled to the percentage allowed by the laws of the state probate court.
Your sister has power of attorney for your mom and your mom has passed. Your sister is not in good health. How do you revoke her power of attorney to be with yourself or your brother?
A POA automatically becomes null and void at the death of the grantor. The deceased person's estate (assets and liabilities) are then under the jurisdiction of the probate court in which the deceased resided upon death. If no executor was named in the deceased's wil or no valid will exist, interested parties can file with the probate court to be appointed executor and/or the court can appoint someone if there are no 'suitable candidates' for the position.
