The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.
The executor of an estate always has the ability to sell property if allowed by the will. As long as the court agrees, the desires of the beneficiaries is secondary.
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
The answer is a frustrating one...it depends. In Tennessee, real property transfers immediately at death to the heirs-at-law or beneficiaries as named in a valid unrevoked will. In most cases, it is necessary to obtain the consent/signatures of all heirs or beneficiaries to the real estate under the will before it can be sold. However, it is possible to petition the court to bring that real property into the estate and thus under the control of the executor. It would wise to consult with an attorney in your county that regularly practices in the area of estates and probate in order to assist you with this matter.
It is likely that the deed is invalid. There are statutory requirements to transfer legal title to real estate from the estate of a decedent. The estate must be probated for legal title to pass to the heirs. You should contact the attorney who is handling the estate or consult with a probate attorney if an estate has not been filed with the probate court.
The estate has to be completely inventoried. Then an independent appraiser has to provide a valuation of the assets. Once that is done, the executor can reach an agreement with the other beneficiaries. At that point he can petition the court with a buyout offer. If there is any feeling of something being inappropriate, consult a probate attorney.
If that beneficiary inherited the property by himself- yes. If that beneficiary inherited the property along with other beneficiaries- no. Remember that the estate must be probated if it includes real estate in order for legal title to pass to the beneficiaries.
Yes.
No, land is Real Property.
It is possible to settle an estate without selling property. As long as the distribution is approved by the court, the property can be transferred to the beneficiaries.
A built-in dishwasher is tangible, but you have to be careful with this one. It is not personal property as it is a part of the house, and therefore considered real estate.
The estate must be probated and the creditors will be given notice. The decedent's debts must be paid by the estate before any property can be distributed to the beneficiaries.
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.
Money is considered personal property and personal property is part of a person's estate.
The exector's responsibility to the estate, not the beneficiaries. They are accountable to the court for executing the will and the laws.
The executor of an estate always has the ability to sell property if allowed by the will. As long as the court agrees, the desires of the beneficiaries is secondary.
No. In the case of a properly drafted trust the trust property is excluded from the estate of the beneficiaries and is not available to their creditors. That is one of the main purposes of a trust.No. In the case of a properly drafted trust the trust property is excluded from the estate of the beneficiaries and is not available to their creditors. That is one of the main purposes of a trust.No. In the case of a properly drafted trust the trust property is excluded from the estate of the beneficiaries and is not available to their creditors. That is one of the main purposes of a trust.No. In the case of a properly drafted trust the trust property is excluded from the estate of the beneficiaries and is not available to their creditors. That is one of the main purposes of a trust.
The state will set up the estate, since there are no beneficiaries, the state will take over all property.