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If the beneficiaries of an estate want to remove the executor, they will first need a very good reason for doing so. In most jurisdictions, it will require a court action. It is best to retain a lawyer to do this.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoAn executor has no authority until the will has been submitted for probate and they have been appointed by the court as executor.
If the beneficiary has been living on the premises prior to the death of the owner, the executor should discuss the issue with the attorney who is handling the estate and, perhaps, negotiate a written agreement with the tenant regarding the payment of expenses. This issue must be decided on a case by case basis taking into consideration all the details of each particular situation. The executor would have the authority to remove someone living in the home of the decedent but may need to follow the state laws regarding the removal of a tenant.
Wiki User
∙ 16y agoOther written agreements may supercede the will. Otherwise you can evict them with 30 days notice.
Wiki User
∙ 13y agoIf you are asking if the executor can remove a beneficiary from a house that is owned by the estate, then the answer could be yes, dependent on the terms of the will.
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Does the executor receive the estate in the UK?
No, the beneficiaries receive the estate. An executor could be a beneficiary
Does the Executor answer to the beneficiaries?
The executor should operate in the estate's best interests.
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 the beneficiaries remove an executor of an estate for refusing to supply accounting?
It is possible. You need to contact an attorney to file a motion with the court.
What is Alabama state law on the power of Executor over the beneficiaries?
The executor has no power over the beneficiaries. The executor is responsible to the probate court for the administration of the estate. They must make a full accounting to the court.
Do you have to be a resident of the state of NC to be executor of an estate of a parent?
There are no residency requirements for being executor. The beneficiaries do have to be citizens of the US.
If an executor of a Will inform beneficiaries of the contents b4 the testator is deceased and this leads to pressure on the executor or on the other beneficiaries to do deals what does this mean?
The executor is breaching their duties. They have no control over the estate prior to the testator's death.
Can an executor be beneficiary of a will in CT How can an executor be removed by an heir?
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
What if a beneficiary of a will dies while the will is being dealt with by the executor?
The beneficiaries' estate will get their share. The executor will continue to process things according to the will.
Is there a law preventing an executor from selling property if the beneficiaries do not agree with the sale?
There is no such law. The executor has the power, from the court, to settle the estate.
Can an executor sell house against wishes of beneficiaries if liquidation of the house is not necessary to cover estate expenses or taxes?
If the power to sell real estate was granted in the will then the executor has the power to sell it. However, if ALL the beneficiaries agree that the property should be retained they should insist the property not be sold. Remember that the beneficiaries own the real estate. If the executor proceeds to try to sell the property the beneficiaries should petition the court to review the matter ASAP.
What information should be included in a letter from the estate executor to the heirs or beneficiaries of an estate?
Only you know what you want them to know.
