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Must all beneficiaries agree to new executor before he can be appointed?
Wiki User
∙ 10y ago
No, beneficiaries do not have to agree on the appointment of an executor. The court makes the appointment. If the family doesn't want someone appointed, the court will likely assign the duties to an attorney or bank.
Wiki User
∙ 10y ago
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Can the beneficiaries appoint a third executor when co-executors can't agree?
No. An executor must be appointed by a court. Even if named in a will an executor has no legal power or authority until they have been appointed by the court. The will must be submitted for probate and the court must appoint the executor.
Is there a law preventing an executor from selling property if the beneficiaries do not agree with the sale?
There is no such law. The executor has the power, from the court, to settle the estate.
Can an executor sell house against wishes of beneficiaries if liquidation of the house is not necessary to cover estate expenses or taxes?
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.
Can a vehicle in an estate be taken to a dealership if all heirs do not agree?
The executor determines what will occur. While they will normally attempt to agree with the wishes of the beneficiaries, they are responsible for resolving the estate and its debts.
Can an executor of an estate sell the house for an amount that is not agreed upon?
United StatesYes. The executor must be appointed by the court. Once appointed they have the authority to settle the state according to the provisions in the will and state laws regarding estates. They do not need the permission of the beneficiaries to act once they have been appointed. That is the purpose of having an executor. If they needed the permission of the beneficiaries, the probate process would be unnecessarily complicated and might never be completed.Generally, the executor must act expeditiously and in the best interest of the estate. They cannot sell property for less than fair market value unless they have that power granted in the will or have a good reason to support their actions. The executor is personally liable for any waste to the estate caused by their actions. If permission to sell the real estate was not granted in the will the executor must obtain a license from the court.
Can the executor of an estate borrow against the estate with the informed consent of all beneficiaries?
Yes, as long as all beneficuiaries agree. It is a simple loan agreement.
Can a executor change a will and split it 5050 with anouther person when the will does not state that?
No. Executors must carry out the terms of the will as they are written with this exception: The beneficiaries may agree amongst themselves to divide the estate in a manner other than that in the will. This is just recognition of the fact that people can make gifts as they see fit. This does not give an executor power to do that. The beneficiaries do it and instruct the executor to make the distribution the way they want to.
Can the Executor of a will change what a beneficiary gets?
Assuming all creditors are paid, the beneficiaries can agree to a different distribution (as long as they are all adults), but they aren't really "changing the will."
After death of the grantor of POA who is in charge of the estate?
A Power of Attorney has no relationship to the estate. A Power of Attorney automatically ends at the death of the grantor. The will names an executor who will be responsible for the administration of the estate. If there is no will, the court can appoint an executor. If there is no family member that all the beneficiaries agree can be the executor, the court will appoint a bank or attorney to serve as the executor, at the appropriate fees, of course. Consult a probate attorney in your state or country for further information. The executor named in the will or the administrator appointed through the court if there is no will is in charge of the estate after death. The power of attorney has no effect once the grantor dies.
Can a beneficiary use property as collateral if other beneficiaries don't agree?
The executor is the only one that can use it for collateral. It is a big risk, but some will be willing to loan money on probate.
What happens if an executor of an estate is removed from the position for mismanagement and stealing but the rest of the heirs will approve of another family member to be the new executor in new york?
The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.
Can the executor of estate take ownership of home in MI probate if all heirs agree can you do quit claim deed to executor when deceased grandma only person on deed?
If the beneficiaries are in agreement and there are no debts remaining, yes. The estate can quit claim to the beneficiary.
