As long as that property was put in trust, the executor has no legal right to upset what has been put in that trust. I understand that the executor is only present to fulfill the wishes of the deceased and abide by the rules and (your state) laws as to what needs to be finalized. there are instructions given per state how to act as executor (personal representative) of an estate. If the house was given to you and was NOT PUT IN TRUST before the individual deceased.....I can tell you now... U R SCREWED! I am sorry to inform you but I am just now dealing with all these issues as a personal representative for my siblings (7) and our parents did not put their property in trust. BIG MISTAKE! By right u should not even be living in the home... I am NOT an attorney, just a daughter who wants to finalize her parents life estate respectively. I wish you the best and Please Do Not Assume anything belongs to you, because you grew up in it or your parents said it was yours......we r not children after our parents go! Now you may find the executor to be the Referee or the Enemy!??! Just know not to take it out on them, they have no choice by the courts of law. Really I Wish You The Best! Get Informed Legally as I did and you will get alot of information. I am Sorry for your Loss, Bessie
The executor needs to maintain an account in the name of the Estate of the deceased, which can be opened by furnishing the bank with a copy of the Estate documents that name the executor.
The executor has the responsible to maintain the estate. That includes keeping the property safe.
The executor must maintain and protect the estate. That would include necessary repairs and cleaning.
The duty of the executor is to maintain the estate. That includes taking care of the property.
No, they have no right to do so. The executor is responsible for the property. They need full access to maintain the property and properly value it.
If your brother is executor of the estate, yes.
Yes, the executor has that ability. They are responsible for the property, including who has the use of it. They have to maintain the property and pay taxes and keep it in repair.
It will depend upon where the ownership of the home stands as respect to probate of the will, if any. Until the title passes to someone else then the property is part of the deceased estate. Failing to maintain proper insurance coverage would be a breach of the fiduciary responsibility of the administrator/executor of the estate. When the title eventually passes then the policy can be cancelled and any unearned premium returned to the estate on a pro-rata basis. It is the responsibility of the new owner to obtain any insurance to cover their exposure as of the time of obtaining ownership.
The executor must be appointed by the court. Once appointed they have the authority and responsibility to do whatever is necessary to settle the estate. That is the purpose of having an executor. If repairs are necessary to maintain the property or to prepare it for sale the executor has the authority to arrange for the repairs.
Yes, the executor can rent out real estate. It is their responsibility to maintain the assets of the estate and make sure it doesn't lose money.
There is no reason that the executor cannot lease estate property. As long as they get a fair market price for the lease. They would then be able to use the money to pay debts and taxes as well as maintain the property.
Yes, they can rent the property in the estate. They are required to maintain the estate and make sure it doesn't lose money.
Ownership is an individua or a group of people who pays for the full cost of a property maintain the property to a required standard.
The Daughters of the American Revolution (DAR) maintain lists of their members and of their members' ancestors connecting them to the American Revolution. To find out if a deceased relative was a member, ask the DAR.
To limited degree. The executor is required to maintain and make sure the vehicle still runs, so some use is better than it sitting. If it is more than a token use, they should reimburse the estate for the use.
They have the responsibility to maintain the assets. They can evict people off the property if it is in the interest of the estate.
Yes, they have the ability to charge rent. It is their responsibility to maintain the assets of the estate.
Certainly! One of the primary responsibilities of the executor is to maintain the value of the property. They also must inventory and properly sell or bequeath the items in it. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.
Generally, every jurisdiction that allows the private ownership of land maintains a system for recording or registering land ownership. You can usually find your land records office by doing an online search using your county, state and "land records".
A living trust has a Trustee (not an executor). You can bring a lawsuit against the Trustee. In the lawsuit the trustee will have to show what was done with the money, and the court will judge whether it is against the law or not. The trustee has a fiduciary responsibility and if that is violated, and there is proof, the trustee will lose the lawsuit and you will win damages.
No. A Will does not become operative until the testator has died. The executor named in a parent's Will to distribute their estate after their decease has no right to take the parent's property while they are still living.
The executor of the estate has the duty to maintain it. That means making sure that things stay intact and nothing goes missing.
Land Registry is a government department created in 1862 to register the ownership of land and property in England and Wales. We keep and maintain the Land Register, where more than 23 million titles - the evidence of ownership - are documented. For more information, visit our website www.landregistry.gov.uk
There is no reason that they can't. They are responsible to maintain the estate. If the rent was below market value, they could actually be held liable for reducing the value of the estate.
You probably mean can an HOA pursue heirs of a deceased unit owner, or you might mean deceased heirs: in any event, some deceased person(s) owes the HOA money. The association's best leverage is over the title of a condominium unit, and if the deceased person's estate is involved with the HOA, then the HOA can maintain leverage over the title by filing a lien against it for monies due. The governing documents detail how the HOA collects unpaid monies due from unit owners. The association's counsel is the best source of advice about how and whom to pursue in the case involving a deceased person. If the HOA wants to pursue a deceased person for other than monies owed, again, the association's counsel is the best source of advice.