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Executor of moms will has not sold property after four years can she keep everything for herself?
Wiki User
∙ 13y ago
Generally, an estate that has real estate must be probated in order for title to the real estate to pass to the heirs legally. If the executor has not filed the will for probate then you should contact an attorney and petition the court to be appointed the administrator of the estate as though there was no will. That way you can set things in motion. If the executor doesn't produce the will, you will be appointed the administrator and will have the authority to settle the estate. The property will pass according to the state laws on intestacy to your mother's heirs-at-law and you would eventually get your share.
You should schedule a consultation with an attorney who specializes in probate law ASAP.
Wiki User
∙ 13y ago
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Can an executor charge rent to an heir that has lived in the property for 19 years and was the caregiver of the deceased?
The executor of the estate is responsible for the estate. Use of the estate property is an asset and they should pay rent.
What can an heir to an estate do when your sibling is executor and has not distributed personal property or attempted to sell property as outlined in the will in Texas It has been 3 years?
Get a lawyer and sue to "Partition to sell" said property.
Can the executor assign a person to supervise over property left to children in a Will?
The Will must be submitted to the probate court and the court must appoint the executor. The executor does not have the authority to appoint guardians over children or property. Generally, the court will direct that money left to children must be deposited in trust for the children until they reach eighteen years of age. If the children inherit real property the court must appoint a guardian who can manage the property on behalf of the children until they reach eighteen.
Can a beneficiary force the sale of a property when executor years ends if the other beneficiaries disagree?
Type your answer here... Can a beneficiary force executors to wind up an estate, or ask them to buy him out in respect of a property being involved
How old is an executor?
The age requirement to be an executor varies by jurisdiction, but generally you must be at least 18 years old to serve as an executor. It is important for an executor to be mentally capable and legally competent to fulfill their duties.
My sister was appointed as executor of my mother's will and has not executed the requests. It has been 3 years since she passed. I am second executor on the will. What can I do to enforce the will?
Your mother's will should be probated. The court will decide if the will is valid and then will appoint the executor. Since your sister is the named executor the court will want either to appoint her or will want her to decline to be appointed in writing. You can then petition to be appointed. Once the will has been allowed and the executor has been appointed the distribution of the property must be carried out according to the law, to the provisions of the will and in a timely manner. Creditors will have an opportunity to make a claim. If your mother owned any real estate her estate MUST be probated in order for title to pass to her heirs. If she had bank accounts in her name alone the executor will be given authority by the court to close the accounts and distribute the proceeds. If your mother owned any such property you should seek the advice of an attorney.
How long do you have to go to college to be an executor?
No one needs to go to college to be an executor. The sole requirement is to be at least 18 years old.
Is an executor's deed as good as a warranty deed?
They are different.When referring to loans secured by real property a deed of trust is the term (and process) used in some states for a loan secured by real estate. The property is transferred to a trustee until the loan is paid and then the trustee transfers the property back to the owner by a trustee's deed.In many states a mortgage is used to secure real property that is used as collateral for a loan. When the loan is paid the mortgage is discharged.Both terms have a different meaning when referring to conveyancing.
How old was queen Cleopatra when she poisoned herself?
Cleopatra was 39 years old when she poisoned herself and died.Cleopatra was 39 years old when she poisoned herself and died.Cleopatra was 39 years old when she poisoned herself and died.Cleopatra was 39 years old when she poisoned herself and died.Cleopatra was 39 years old when she poisoned herself and died.Cleopatra was 39 years old when she poisoned herself and died.Cleopatra was 39 years old when she poisoned herself and died.Cleopatra was 39 years old when she poisoned herself and died.Cleopatra was 39 years old when she poisoned herself and died.
Your boyfriends mother died 3 years ago and named his sister as executor of her estate. For the last three years his sister has been renting out the property. What should he do?
No one is a legal executor until they have been appointed by the court. Someone must submit the will to probate court so the estate can be probated. The sister has taken control without any authority. All the siblings likely have an equal interest in the property. Your boyfriend should consult with an attorney who specializes in probate law who can review the situation and explain the options. Legal title to real property cannot pass to the heirs until the will is probated. An attorney should be contacted ASAP.
Can your brother who is the executor of your dads estate whilehe is in a nursing homemake you move out of the house you have been living in for 15 years and that is in the will to go to all three sibl?
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.
Can cd's be cashed in that belong to a dead person before the will is probated by the executor?
Most states require filing of probate as a first step in appointment of the executor, which then gives the executor the power to collect and appraise the property of the estate and liquidate the portfolio for distribution.It depends on what you mean by "probated." Probate includes the entire process, which can last for years, until all assets are distributed. "Before the will is probated" could be taken to mean "before probate is filed", or "before everything required under probate is completed."So, technically yes, if the latter, because an executor has the power to do that DURING the probate of an estate. However, if the probate has not yet been filed, nobody has the power, as it died with the owner. Many elderly have ownership of such things placed into joint tenancy with right of survivorship, so that another person can immediately access the funds without probate.
