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Does a executor need to keep brothers and sisters informed of actions and copies of death certificate?
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Should the executor provide all estate business to all sibling heirs during probate in order for each to make informed decisions about the estate and sale of deceased parent's home?
No. An executor is the person who has been officially appointed to settle the estate. The executor does not answer to the heirs and they do not direct the actions taken by the executor. They do not need the permission or involvement of the heirs. Although the executor may, at their discretion, encourage the interested parties to express an opinion regarding the sale, the executor has the legal power and authority to make the final decision.
Can an executer cheat the beneficiary of the estate?
Although it is possible for an executor to act inappropriately and potentially cheat a beneficiary, there are legal safeguards in place to prevent such actions. Beneficiaries have the right to hold the executor accountable through legal action if they suspect foul play. It is essential for beneficiaries to stay informed, ask questions, and seek legal counsel if they have concerns about the executor's conduct.
What to do when your sister is executor of your mothers estate but dies before your mom does What actions need to be taken?
No actions need to be taken, as your mother still lives. She can modify the will to appoint a new executor. Or when she does pass on, the court can appoint someone else to serve.
How do you challenge the executor of a will?
The will must go into probate. That is your opportunity to challenge the actions of the executor. A probate Judge will hear you on these issues and rule according to state law and in the fair interests of those involved.
Can an executor buy property of the estate to pay the beneficiaries?
Yes, the executor has the duty to carry out the instructions of the will regardless of what any potential beneficiaries may want. There may be situations in which the executor must sell certain property in the best interests of the estate. Of course, any questionable actions of an executor can be challenged in court.
What are the main responsibilities of an executor of a will?
The duties of an executor are to prove the will to bury the deceased collect in the estate to pay the debts in their proper order to pay the legacies and distribute the residue among the persons entitled the executor may bring actions against anyone who is indebted to the testator or are in possession of property belonging to the estate
Can the executor of a will refuse the beneficiaries a breakdown of all details regarding the will?
Generally, no. An executor has no authority until the will has been submitted to probate court, proved and allowed, and the court has officially appointed the executor. Once a will has been filed for probate it becomes a public record and anyone can go to the court, request the file and review the will and any other filings. An executor should not be secretive about a will or their actions in settling the estate.
Can you first accept to become executor of the estate and then resign?
You can resign from the position upon providing a full accounting of your actions in regards to the estate.
What to do when your sister is executor of your mothers estate but dies before your mom does What actions need to be taken to change executor when your mother dies?
There is a form that is submitted to the court with the will to request a letter of authority. It can recommend who wishes to be the executor. In most cases, unless there is controversy, the court will appoint that person. Otherwise the court will appoint a neutral party.
What percentage does an executor get paid?
The executor receives a statutory percentage of the assets for performing their duties. They are paid before any bequests are paid. You would need to check your state probate code for the amount allowed in your state.
What happens if an executor spends money that has been left to others and he wants them not to have any?
An executor who spends money improperly can be sued to have him return the money, pay for interest lost on the mispent money, forfeit his commissions and perhaps be removed as executor. These are civil actions to be brought in probate court mostly. He may also be charged with criminal theft .
Can an executor of an estate sell the house for an amount that is not agreed upon?
United StatesYes. The executor must be appointed by the court. Once appointed they have the authority to settle the state according to the provisions in the will and state laws regarding estates. They do not need the permission of the beneficiaries to act once they have been appointed. That is the purpose of having an executor. If they needed the permission of the beneficiaries, the probate process would be unnecessarily complicated and might never be completed.Generally, the executor must act expeditiously and in the best interest of the estate. They cannot sell property for less than fair market value unless they have that power granted in the will or have a good reason to support their actions. The executor is personally liable for any waste to the estate caused by their actions. If permission to sell the real estate was not granted in the will the executor must obtain a license from the court.
