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One of the most important jobs of the executor is to list all the assets and their values. It is critical in order to liquidate the estate and resolve taxes.

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Q: Does the executor have to get appraisals done on jewelry that is listed in a will?
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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.


Is appraisal different from insurance?

Yes it's done by an expert to set value of something. Insurance is protection from loss. Insurance companies will do appraisals on jewelry and uncommon items unless one has already been done by a source they accept.


If you have 20 appraisals due and only 5 were done what is the percentage?

25% done


Is there a time limit after a person dies to when the executor has to distribute or sell the assets listed in the will?

Not specifically. The executor has to settle the estate and report to the court on a quarterly basis with a full report. In some cases it can be done in less then a year, on others, depending on the terms of the will, it can take decades.


Is it common for the lawyer to be executor of a will?

It is often the attorney who is named executor of a will. This prevents the family from fighting over how things are done. Banks are another common executor.


What can be done if the executor of an estate wants all the jewelry of deceased parents to distribute but the remaining beneficiaries don't feel the executor will distribute fairly?

If the will gives the jewelry to the children of the deceased, then they all own all of it equally, meaning no one person is entitled to or may choose any particular item. Some will give the executor the authority to use discretion in giving out specific items to individual beneficiaries. In that case the executor's decisions are final unless that discretion has been abused or not exercised for the equal benefit of all beneficiaries. If the beneficiaries believe that the executor will in the future distribute the items unfairly, there is nothing that can be done. Yet. A court will not take a case on a supposition that something wrong will be done unless there is proof that beneficiaries will suffer some irreparable harm if they have to wait until distribution is made. An example would be if the executor intends to send a family heirloom to someone out of the country and beyond the jurisdiction of the court to get it back. If te executor has made known a plan to distribute jewelry unfairly, beneficiaries can informally tell him they are against it and he should not make distribution. This usually works because an executor does not want to get entangled in litigation in which he might be hit with a damage award that he has to pay out of his own pocket or suffer a loss of his executor's compensation for not doing the job right. If distribution has been made, a lawsuit may be filed in the probate court alleging the unfair distribution and demanding the return of the items, the removal of the executor, the forfeiture of all compensation and payment of money damages by him/her personally. If no agreement can be reached on distribution of items (a common situation) the executor will propose an auction of the items and the proceeds of the auction instead of the jewelry will be distributed to the beneficiaries. This is a common problem because jewelry has both a monetary and a sentimental value. Plus, there may not be enough pieces to go around. And of course the big question usually is Who gets mom's diamond ring? In the end, a court will disregard sentimental value and distribute the jewelry in the only way it can. That is by selling it and giving out the money.


Can a executor get paid their fee if the estate is not approved but its closed?

Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.


What is done when the funds remaining after paying taxes is insufficient to pay bequests listed in the will?

The executor puts together a distribution plan. They present that to the court for their approval. If the court approves, the estate can be closed and the assets distributed.


How soon does an executor execute a will?

It should be done as soon as possible.


Can an executor deny siblings to look at the financial books?

The executor must file an account that lists all the assets of the decedent both real and personal property. That means all bank and investment accounts, vehicles, furnishings, art, jewelry, etc. That inventory is public and you can request the probate file and examine it. If you think the executor has not done a thorough listing all the assets then complain to the court. The executor will later be required to file an accounting to the court detailing how all those assets were distributed.


Can the executor of the estate transfer ownership of home to executor with consent of living owner?

You can't be the executor of an estate if the individual is still living. Property transfers are done the same as any other time.


Can you sell property with an Executor's Deed?

Yes but it must be done by a duly court appointed executor and according to state laws.Yes but it must be done by a duly court appointed executor and according to state laws.Yes but it must be done by a duly court appointed executor and according to state laws.Yes but it must be done by a duly court appointed executor and according to state laws.