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Does executor of estate have right to live in house that is being sold in the estate?
AnneMarieScott
They can live in the home if it is to the best interests of the estate. They need to pay the appropriate rent in the process.
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∙ 8y ago
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Does the executor fee continue as long as the estate has property?
Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.
Can 1 executor refuse to release cash until other executor agrees to what he wants to do with property?
When there are co-executors of an estate one has no superior rights over the other. If they cannot agree then the conflict needs to be presented to the court for a solution. The beneficiaries have the right to expect that the estate be settled with expediency. An executor who is holding up the process can be removed by a petition filed by the heirs or the other executor.
Is it the executors right to pick the auctioneer that sells an estate?
That is within the responsibilities of the executor. They are responsible for the sale of the estate. As such they can do it through auction or private sale, as long as it goes for at least market price.
What is the percentage the executor gets and is it put on everything including real estate sold and monies in stocks and in the bank in New Jersey?
Many people who make out Wills forget to put what percentage they want to leave the Executor (male) Executrix (female) and legally it can't be more than 5%, at least in Canada. The average is usually 1 1/2% to 3% and if it goes to 4 - 5% then it can go before a court ruling. If the Estate is a small one then 1 1/2 - 2 1/2% of the entire Estate is reasonable and fair. If the Estate was a difficult one with stocks, bonds (off-shore accounts), properties, etc., then 3 - 5% is a reasonable request as well. If the Executor has to travel to resolve any problems or closures on properties anywhere in the world they have a right to take the money from the said Estate for traveling expenses, but MUST keep a record and receipts for any expenses they incur.
Do you have the right to know now where the estate money is being spent?
Once an estate is filed it becomes a public record. The executor must file an inventory of all the assets and at the endof the probate process must file an accounting of any assets that were spent or distributed. You can visit the court and ask to see the file. If a long period of time has passed (over a year) and no account has been filed you can ask the court to compel the executor to file an account if you are an interested party.Once an estate is filed it becomes a public record. The executor must file an inventory of all the assets and at the endof the probate process must file an accounting of any assets that were spent or distributed. You can visit the court and ask to see the file. If a long period of time has passed (over a year) and no account has been filed you can ask the court to compel the executor to file an account if you are an interested party.Once an estate is filed it becomes a public record. The executor must file an inventory of all the assets and at the endof the probate process must file an accounting of any assets that were spent or distributed. You can visit the court and ask to see the file. If a long period of time has passed (over a year) and no account has been filed you can ask the court to compel the executor to file an account if you are an interested party.Once an estate is filed it becomes a public record. The executor must file an inventory of all the assets and at the endof the probate process must file an accounting of any assets that were spent or distributed. You can visit the court and ask to see the file. If a long period of time has passed (over a year) and no account has been filed you can ask the court to compel the executor to file an account if you are an interested party.
Is the executor entitled to the whole estate?
That depends on the wording of the will. Being executor does not automatically give you a right to the estate.
Can you as the executor make people move out of the house to be sold?
You certainly have the right to do so. The property belongs to the estate. The executor has the ability to sell the property.
Can a sibling claim themselves as executor of your parents estate without your consent if there isn't a will?
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.
If a person leaves a house to someone in a will can the beneficiary move in right away or have to wait for the probate court to approve the will?
Not only does the beneficiary have to wait for the probate of the will, but will most likely have to wait until the executor is satisfied that the house does not need to be sold to pay any debts of the estate. Until administration of an estate is complete, the executor has the right to possession of all estate property, including the house. If the executor wants to, he/she can let the beneficiary in the house. But even there, the person appointed as executor has no power to allow that until the will has been probated. This is because that person has no power to act as an executor until the will is probated.
Can a co executor of an estate make the other co executor turn over a benefit check to the estate?
Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.
Does the executor fee continue as long as the estate has property?
Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.
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.
Does the executor have the right to say that things must remain in the house for her grandson?
That depends on what was written in the Will. The estate must be probated and the executor must seek appointment from the probate court.
Can the executor sell sisters life estate with no insurance on house or needs repairs?
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.
Does executor of estate have right to keep house?
As the executor of an estate, you are responsible for executing the wishes outlined in the deceased person's will. If the will specifies that the house goes to a specific beneficiary, then you must follow those instructions. If there are no specific instructions, you may need to sell the house and distribute the proceeds according to the will or laws of the state.
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 a beneficiary sell the estate?
A beneficiary does not have the right to sell the estate. Only the executor can sell property.
