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My mom died in 2008 i am her executor of her estate I ran across my dad's will and realize he had inherited a house to me when he died My mom never did probate his will What happens to the property?
Wiki User
∙ 15y ago
Do yourself a favor and consult an attorney that specializes in probate law. The laws are different in every state, sometimes in every county.
Wiki User
∙ 15y ago
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Can executor make no effort to sell the inherited propriety?
You haven't provided enough details.Have the heirs requested that the executor sell.Was the executor instructed to sell in the will.Was a license to sell issued by the probate court.Is the estate settled.If the executor was ordered to sell and hasn't made arrangements to market the property then you should complain to the probate court to compel them to carry out their duty or ask they be replaced. If the probate process is completed and the executor was under no obligation to sell the property, title has vested in the heirs and they can sell the property.
What can beneficiaries do if executor assumes ownership of property and leaves out coexecutor and other beneficiaries?
The executor IS the owner of the property, for the purpose of probate.
Does an executor have the right to a fee after probate on the sale of a property?
Yes, an executor is entitled to a fee for their services after probate, including the sale of a property. The amount of the fee can vary depending on the laws of the jurisdiction or the terms of the will, but typically, it is a percentage of the estate's value or the proceeds from the property sale.
Can i rent a property that's in probate if i am the beneficiary?
Yes, if the executor approves. It needs to be beneficial to the estate to do so and at a market price.
Can an inherited property be sold without changing name?
While the property is in probate, there should be no problem. It happens all the time. All I needed was the death certificate and articles of administration.
What is the first step in serving as Executor of a Will?
Secure the property, hire an attorney and get the will filed in probate.
Can one be an executor of probate but not the estate?
There is no executor of probate. The executor of the estate executes the will and probates the estate.
what happens when executor doesn't probate a will and takes the money?
It would be theft or fraud.
Can a property under probate be let?
Yes, property under probate can be rented or leased. The executor has the power to preserve the estate and this is one way of obtaining money to pay debts.
Can heir property be sold by a majority vote in Tennessee?
Only if the executor and probate court agree.
What recourse does one have if the person named as executor in a will did not get court appointed before removing property from a home?
You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.
Does executor have ruling over sale of house in an deceased estate?
Yes, the executor has the authority to manage and oversee the sale of a house in a deceased estate. The executor is responsible for handling the deceased person's assets, including the sale of property, according to the terms of the will or state laws if there is no will. The executor must act in the best interest of the estate and its beneficiaries.
