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Is there a law preventing an executor from selling property if the beneficiaries do not agree with the sale?
There is no such law. The executor has the power, from the court, to settle the estate.
Can the beneficiaries appoint a third executor when co-executors can't agree?
No. An executor must be appointed by a court. Even if named in a will an executor has no legal power or authority until they have been appointed by the court. The will must be submitted for probate and the court must appoint the executor.
Can the Executor of a will change what a beneficiary gets?
Assuming all creditors are paid, the beneficiaries can agree to a different distribution (as long as they are all adults), but they aren't really "changing the will."
What happens if an executor of an estate is removed from the position for mismanagement and stealing but the rest of the heirs will approve of another family member to be the new executor in new york?
The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.
Can a executor change a will and split it 5050 with anouther person when the will does not state that?
No. Executors must carry out the terms of the will as they are written with this exception: The beneficiaries may agree amongst themselves to divide the estate in a manner other than that in the will. This is just recognition of the fact that people can make gifts as they see fit. This does not give an executor power to do that. The beneficiaries do it and instruct the executor to make the distribution the way they want to.
How many people agree to nuclear power plants?
agree
After death of the grantor of POA who is in charge of the estate?
A Power of Attorney has no relationship to the estate. A Power of Attorney automatically ends at the death of the grantor. The will names an executor who will be responsible for the administration of the estate. If there is no will, the court can appoint an executor. If there is no family member that all the beneficiaries agree can be the executor, the court will appoint a bank or attorney to serve as the executor, at the appropriate fees, of course. Consult a probate attorney in your state or country for further information. The executor named in the will or the administrator appointed through the court if there is no will is in charge of the estate after death. The power of attorney has no effect once the grantor dies.
Can using the position of Executor to settle old scores be grounds for removal?
Remember that an executor has no power and authority until they have been appointed by the court. The answer is yes. The interested parties can file a motion for the removal of the executor and the appointment of a successor at the court that appointed the executor. You must express your complaints in the motion with clear examples. The court will review the situation and render a decision.
Can an executor successfully agree to a relative NOT on the will receiving money?
No. Not unless that power was granted to the executor IN THE WILL. Any assets not specifically devised in the will are to be distributed as intestate property under the state laws of intestacy. Remember that the executor must be appointed by the court and settles the estate under the supervision of the court. Any misbehavior should be reported.
What happens if an executor does not have a power of attorney document?
A power of attorney expires on the death of the grantor. The executor needs a letter of authority.
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.
Can your brother executor of your moms will legally disinherit you from her will?
The executor does not have that power. Their job is to execute the will as written.
