The executor has a duty to the estate to bring the best possible price for the liquidation of the assets. The executor will list the property for what it is worth, not what the beneficiary wants.
I am a joint executor of a property that has been left to me and my sister in our mothers will. Are we qualified to rent out this property on lease, without the need to transfer ownership.
When two individuals have a joint account together and one dies the other is the sole owner of the account. The survivor is not considered a 'beneficiary'. They have all the rights that any account holder would have in any account.
Absolutely not. Property held as joint tenants passes automatically to the surviving joint tenant. The decedent's interest in the property disappears at the moment of death so there is nothing that can pass to their estate. That is the purpose of "survivorship" in a joint tenancy.
Interesting...I would say that you should find out who the lawyer was that handled the estate issues and go after HIM AS WELL.
You can't unless you were listed at the bank as a joint owner or beneficiary on their accounts. If not you would need to petition the court to be appointed Admministrator of the estates and the appointment would provide you with the authority to access their bank accounts and any other property.
Yes, if the owner quitclaims to himself and the beneficiary as "joint tenants with right of survivorship." Of course, during the life of the initial owner, he and the beneficiary are joint owners. Otherwise, no, the court frowns upon owners using documents other than wills or trusts to convey property after death.
It depends on how the account is held. Generally joint accounts are held JTWRS, Joint Tenants With Rights of Survivorship, this means when one account holder dies, their share of funds automatically passes to the other account holder(s)and is not subject to taxation or probate procedure.
yes
Generally a joint executor would have as much power as any other joint executor, meaning they had BETTER get organized and communicate about what needs to be done and who will be doing it.
a joint account is an account that is joint together for an opening account. While beneficiary account are people that gain some promo from the bank
Yes. If you owned the property with your mother as joint tenants with the right of survivorship then sole ownership passed to you when she died. She could not dispose of her interest by will. IF the property is mentioned in her will the gift would be null and void because the property was not part of her estate.
Unless it was a joint account, the executor can do so. If it was a joint account, or one with rights of survivorship, there may not be an option. Consult an attorney in your jurisdiction to find out the specific laws that apply in your state or country.