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If there is no will then there will be no executor. When a person dies intestate, or without a will, a qualified person must petition the probate court to be appointed the administrator of the estate. That should be done as soon as possible. You should seek the advice of an attorney who specializes in probate in your area.
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Does the court need to assign a executor if the children agree who will be a executor?
The court will appoint the executor and typically will grant it to the person the children request.
Do all parties have to agree to use an attorney to probate a will?
The executor makes the decisions. There is no other requirement.
Can the executor assume the mortgage of the deceased?
The executor must discuss that with the lender. If the executor is going to inherit the property the lender may agree to allow an assumption of the mortgage.
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.
Does a executor have the power to make a decision when 4 people out of 5 agree?
The executor always has the power to make the decision. They do not need to have anyone agree with them. Though the court may be able to contest their decision.
Can the Executor of a will change what a beneficiary gets?
Assuming all creditors are paid, the beneficiaries can agree to a different distribution (as long as they are all adults), but they aren't really "changing the will."
Can the executor of an estate borrow against the estate with the informed consent of all beneficiaries?
Yes, as long as all beneficuiaries agree. It is a simple loan agreement.
Does an executor of a will get compensated?
The executor of a will is entitled to fair compensation. The amount needs to be reasonable and well documented. The probate court also has to agree that the amount is fair.
Must all beneficiaries agree to new executor before he can be appointed?
No, beneficiaries do not have to agree on the appointment of an executor. The court makes the appointment. If the family doesn't want someone appointed, the court will likely assign the duties to an attorney or bank.
Can the beneficiaries appoint a third executor when co-executors can't agree?
No. An executor must be appointed by a court. Even if named in a will an executor has no legal power or authority until they have been appointed by the court. The will must be submitted for probate and the court must appoint the executor.
Do economists all agree that predatory pricing exists and is a common practice?
False, economists do not all agree that predatory pricing exists and is a common practice.
Can heir property be sold by a majority vote in Tennessee?
Only if the executor and probate court agree.
