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Is an estate administrator paid after the estate is settled or can they collect before it is settled?
Wiki User
∙ 11y ago
They can collect before it is settled
Wiki User
∙ 11y ago
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How do you collect expenses from siblings after sale of inherited house?
The estate of the owner must be probated in order for title to the real estate to pass to the heirs, or, for an estate representative to convey legal title to any buyer. When the estate is probated the court will appoint an Executor if there is a will or an Administrator if there is no will. The court will issue Letters Testamentary or Letters of Administration. Those letters give the estate representative the authority to settle the estate according to the provisions in the will or/and the state probate laws, under the supervision of the court. The debts of the estate must be paid before any property or proceeds from a sale can be distributed to the heirs. In the case of an Executor, the real estate can be sold only if that power was granted in the will or by a license issued by the court. An Administrator must obtain a license to sell from the court. Since the estate representative has the power and authority to sell the real estate, and the authority over the estate, there should be no question regarding how to 'collect expenses' after the sale of the property. The expenses should be deducted before the proceeds are distributed. If the Executor or Administrator has distributed the proceeds prematurely, they must get funds back to pay the expenses or they will be personally responsible for paying those expenses due to their mishandling of the estate. Remember, the debts of the estate must, by law, be paid before any property can be distributed. If the house was sold by the heirs after the estate had been settled in probate, the proceeds should not have been distributed by the sibling who represented the family in the sale until the expenses were deducted. The person who handled the sale will be held personally responsible for paying the expenses incurred by the sale and they may have to sue their siblings for reimbursement.
Can the administrator of an estate be reimbursed for paying property taxes from their own funds?
You should check with the attorney who is handling the estate for the procedure in your particular jurisdiction. Generally, The administrator may file a claim against the estate and file the tax bill with proof of payment. They should be reimbursed from the estate before any proceeds or assets are distributed to the heirs. The issue should also be addressed in the final account for the estate.
Who is responsible for your tax debt after your death?
The estate is responsible for the tax debts of the deceased. That means before the estate can be settled, all debts, including taxes, have to be cleared. If there is not enough in the estate to cover them, they may not get paid.
What tax credits can i claim from an estate I was administrator of?
There are not likely to be any tax credits. The estate should reimburse you for your time and expenses.
Why was inheritance tax abolished?
it was hard to collect the tax, so the state followed the feds by repealing the inheritance tax laws and inacting an estate tax. basically the tax was paid by the estate before it was distributed to the heirs
Can a creditor become an administrator of an estate?
Yes, they can. Often a creditor will file for an estate so they can collect their money.
Does the administrator have to pay an heir's debts before the estate is settled?
A creditor might be able to assert some sort of claim to the portion of the estate going to the heir if the Administrator is served with notice of a judgment. Remember, the Administrator is wholly responsible for every dime spent and is also accountable for their actions regarding paying debts.
Can the administrator of an estate sue the estate?
You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.
Is it allowed for the administrator of the estate not to distribute the proceed of the estate after it has long been settled?
The estate is not settled until the final distribution is made. The heirs shouldn't sign off on the estate until they have received distribution of their shares. If the administrator tries to file a final account prior to distribution, thereby closing the estate, the heirs should object and notify the court that they haven't received there shares in the estate. Nothing should be left "up in the air" once an estate has been "settled". If there are issues remaining now that the estate had been closed you will need to consult with an attorney who can review your situation and explain your options.
Can an administrator enhance the state of the deceased?
under zambian law the administrator is only allowed to collect the property of the estate and distribute to the beneficiaries after paying debt and other creditors.
Can you get some money before the estate is settled?
nah
Why must an estate go through the probate process before it is settled?
An estate must go through the probate process before being settled to ensure that all relevant taxes and fees due are paid. Once this has happened the estate can be settled and distributed as stipulated in a will.
Co-administrator of estate?
The co-administrator of an estate has as much equal access to the estate as the administrator. If property or the estate needs to be divided, the parties will need to agree.
How would the administrator of an estate get a clear title of the house?
I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.
Does a conservator's authority end at the the time of death of the ward or until the ward's estate is settled?
Generally, a conservator's authority ends at the time of death of the ward. An administrator must be appointed to settle the estate.
If there is no will how much power does executor have?
If there is no will then there is no executor. If there is no will then the court will appoint an Administrator for the estate and the Administrator will have the power to collect and inventory the property, pay debts and creditors, distribute the remaining estate and sell the real estate if they apply for a license from the court to do so. The law will direct who will get the remaining assets as the legal next-of-kin and how much each will get.
When a parent dies and has no will who becomes the executor of the estate There are 6 aldult children and he is not married?
An Executor settles an estate when the decedent had a will. If there is no will the estate must be settled by an Administrator. Any one of the decedent's children can petition the probate court to be appointed the Administrator of a parent's estate. The property will pass to the heirs at law according to the state laws of intestacy after the debts of the estate have been paid. The Administrator settles the estate under the supervision of the court. You should consult with an attorney who specializes in probate law who can review your situation and explain your options and the costs of probate.
