NO. Generally, the heirs own any real estate left by the decedent.
Who is the owner of the rose Hall great house
The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.
I can answer my own question now that I have spoken with a lawyer in Illinois. The answer is yes, I can be the executor of my parent's estate, even though I live out-of-state. Thanks for this forum.
Whomever applies to the court to replace him.
The executor now controlling the estate has to do the transfer but if they had an executor, there is probably also a will, attorney, and a beneficiary (ies)
The Pennsylvania State House bell is the now the Liberty Bell.
The Pennsylvania State House bell is the now the Liberty Bell.
The beneficiary has not control over the will. The court will determine who the executor will be.
Without getting into specific Florida law, you are tenants in common unless there are the words "joint tenants". This means that the other person's share of the ownership is now owned by their estate, and whoever is the heir to their ownership under the will or the laws of intestacy. Because you are not "the owner" of the house, you can only sell your partial, undivided ownership, and not the whole thing. In other words, you need to have the executor of the estate, or the new owner as beneficiary, join you in a consolidated deed to a third party.
Yes, it is their house now, not yours.
because you are now considered a high risk home owner. serious
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