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Does an heir sibling to an estate have a right to enter estate after death of a parent if they are not the executor?
They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.
Can the executor pay the mortgage and sell house?
Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.
Can you decline your fee as an executor?
Yes. Most, if not all, states allow an executor to waive their fee. This is common where the executor is also an estate beneficiary, as the fee is taxed as income to the executor. 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.
How do you close out deceased cousin bank account when there is a will?
The executor of the estate has a Letter of Authority that will allow them to close the account.
If someone is the executor of estate and wants to do a modification on a loan they are not on is that an option?
The decision to allow the executor to modify an existing mortgage is up to the lender. The executor could refinance the property with a new mortgage if allowed by the court.
Can executor spend from estate to make home improvements?
It is certainly a possibility. If the executor responsibly believes that the value of the home will be greatly enhanced to the benefit of the estate, they could do so. It would increase the value of the estate and allow more debts to be paid and get more money for the heirs.
If named the executer of an estate how do sign over or sell any cars that are apart of the estate?
The executor of the estate will be issued letters of authorization from the court that allow them to sell property, including vehicles and land.
Is an executor bound to allow beneficiaries to use the home when they choose for vacations etc?
They are not bound to allow anyone to use the property. They have to preserve the value of the estate. They are also allowed to rent the property to make money for the estate.
Can an estate executor pay themselves or others?
An executor of a will may be paid for work done on the estate if the will states they are to be paid. Most states will allow expenses to be paid within reason to the executor, but they must show proof.
How can executor of an estate buy out other family members on real estate?
First, the estate must be probated and the executor must be appointed by the court. Then there are different ways the executor can purchase the real estate. They could petition the court for a license to sell the real estate with the executor as the purchaser after a fair market offer has been accepted by the beneficiaries. The executor would need to obtain the assents of all the other beneficiaries to the petition. The court would likely allow such a transfer. Another method would be for the executor could wait until the probate procedure has been completed and then purchase the property from the beneficiaries who inherited it and are now the legal title holders. Either way, the executor should consult with the attorney who is handling the estate to make certain the transfer is done properly and title is passed legally.
When does the executor receive their fee before the people in the will designated to receive their shares?
The payment of the executor comes before the distribution. They have a claim against the estate and most courts allow them to collect even before debtors.
Does the executor of an estate have the right to know how much was in an account with no power of attorney and the owner of the account was blind and tricked into signing papers?
The executor will have a letter of authority from the court. That should allow them to see the transactions involved.
