Yes. If you disagree you would need to file an objection to the court. There would be a hearing and the judge would decide if your objection was serious enough to stop the appointment. If so, another executor would be appointed. If the decision is not in your favor the sibling would be appointed.
Yes and no.
The administrator or executor (collectively called the personal representative) of a probate estate (as opposed to a trust administration) is granted authority under state law to perform certain acts in administering the estate. Most states require that the representative give notice to the heirs before performing certain actions and may require the probate court to approve the action, providing the heirs an opportunity to object. Other decisions may be made without notice or court approval.
Out here in California, the representative must seek court approval of a sale of real property unless they are granted independent authority under the Independent Administration of Estates Act (IAEA.) But, keep reading.
Even a representative with IAEA authority must still provide a Notice of Proposed Action (NOPA) to the heirs regarding the sale. If an heir objects to the NOPA, the representative must seek court approval. Also, the heir has a right to ask the probate court to restrain the representative from selling the property.
You should consult with an attorney in your state regarding your rights if you have a question or problem with the sale of the estate's real property.
Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.
A court appointed executor can request a license to sell the real estate. The heirs would have the opportunity to object but if the property needs to be sold to pay the debts and costs of the estate then the court will likely issue the license to sell.
A court appointed executor can request a license to sell the real estate. The heirs would have the opportunity to object but if the property needs to be sold to pay the debts and costs of the estate then the court will likely issue the license to sell.
A court appointed executor can request a license to sell the real estate. The heirs would have the opportunity to object but if the property needs to be sold to pay the debts and costs of the estate then the court will likely issue the license to sell.
A court appointed executor can request a license to sell the real estate. The heirs would have the opportunity to object but if the property needs to be sold to pay the debts and costs of the estate then the court will likely issue the license to sell.
Yes. The administrator or executor must be appointed by the court. Once they have been appointed they have the legal authority and responsibility to make the decisions that are necessary to settle the estate according to the terms of the Will and the state probate laws under the supervision of the court. Although they may include family members in the decision making as a courtesy, they do not need the consent of all the family members to act, especially in cases where the family members can't agree. It is the duty of the estate representative to take charge and settle the estate.
Generally the personal representative of the estate must obtain a license to sell the real estate unless that authority was granted in a Will.
A court appointed executor can request a license to sell the real estate. The heirs would have the opportunity to object but if the property needs to be sold to pay the debts and costs of the estate then the court will likely issue the license to sell.
You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.
No, an executor of an estate is legally bound to act in the best interests of the estate and its beneficiaries. Taking items from the home without consent from other siblings would likely be considered a breach of fiduciary duty and could lead to legal consequences. It is important for all decisions regarding the estate to be made transparently and with the agreement of all beneficiaries.
You can't be the executor of an estate if the individual is still living. Property transfers are done the same as any other time.
An executor must be appointed by the court. An executor can sell the property of the decedent, after the debts have been paid, if that power was granted in the will or if the court has issued a license to sell.
The executor has the duty to preserve the estate in all aspects, including making money for it. The heirs' consent is not necessary.
Yes, but you would need the written consent of the life tenant.
No, an executor cannot sell property owned by a minor in Tennessee without proper authorization from the court or the minor's legal guardian. The sale would need to be approved by the court or the guardian to ensure the minor's best interests are protected.
Legally, they cannot live in the house without the consent of the executor of the estate.
An executor cannot sell the life estate. If the sister was given a life estate she has the right to the use and possession of the property for life. The property cannot be sold without her written consent.
No, the executor has no right to change a will. Only the testator can change a will.
Yes. The Executor has full authority regarding the estate of the deceased. I have seen a few cases myself where the executor cremated the body, took the ashes to a private location, and never told anyone of that location. Obviously, however, the siblings could attempt to fight this in court.
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.