That depends on what was written in the Will. The estate must be probated and the executor must seek appointment from the probate court.
If your brother is executor of the estate, yes.
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
As an executor, you have a duty to sell the house and distribute the proceeds. If you want to buy the house from the estate, you can make that arrangement.
Yes
The executor is responsible for the sale of the house. They have a letter of authority from the probate court. That allows them to write checks and settle the estate.
is the executor in new jersey entitled to a commission on a house if it was left to a specific person in the will
The person who owns a house can sell it whenever they wish. The executor only controls property of someone who has passed away.
The executor is responsible for the estate. That would include keeping the property in good condition.
AnswerNo. Giving her grandson permission to live in her house gave him no right to ownership. Her will must be probated and the property will be distributed according to the terms of her will.
Yes, you can certainly sue for that. The executor can go to the court and have the sale nullified. Only the executor can transfer the property of the estate.
You can't be executor of an estate if the individual is still living. However, the executor can make people move out of the house.
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.