0
Oldest brother is executor of family estate however he is ill and the remaining 4 siblings want to assign the decision making regarding heir property to next oldest brother What do they do to transfer?
Bigrobin
There is no executor until one is appointed by the probate court. You need to petition the court that appointed your oldest brother as executor and request he be removed and a successor appointed. Then, the estate should be settled and the property distributed as provided in the will.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Does an executor have the right to repair the deceased property?
Yes. The proper maintenance of the decedent's property is the responsibility of the executor until the property has been sold or distributed. If repairs are needed the executor can make the decision to have them done.
Does an executor receive the estate?
The court appoiunted executor has control over the estate in order to pay taxes and debts and distribute the remaining property according to the will. The estate does not become their own property unless they are the sole beneficiary.
How do you force the sale of real estate property inherited in North Carolina?
That's the decision of the executor of the estate.
If someone is the executor of estate and wants to do a modification on a loan they are not on is that an option?
The decision to allow the executor to modify an existing mortgage is up to the lender. The executor could refinance the property with a new mortgage if allowed by the court.
Can the executor sell property without all beneficiaries approval in New York state?
No, the executor cannot sell property that is in a trust.First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.
Can the executor quit claim the property given to the executor?
They can do whatever they wish with their rights and property.
Can executor sell your property in Maryland?
An executor can only sell the property in the estate. If it is in the estate, it does not belong to you.
Can you buy a property of a deceased person that has no executor?
You have to buy the property from someone. And the only person that can sell it is the executor.
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.
Does executor of a will has to find unknown property of testator?
The executor must make a reasonable and diligent search for property. They cannot be "required" to find unknown property. The heirs and relatives should assist by notifying the executor of any property they have knowledge of.
Does the Executor answer to the Benificiaries?
An executor who is not benificiary, is he has apower to sale immovanle property?
Can property be sold by one individual if he is not appointed as executor or administrator of property?
He has no right in the property. He has no legal ability to convey title. Only the executor has that right.
