0
If several heirs inherited property and one wants to sell that person can petition the court to partition the property and it will be sold. The prodeeds after legal costs will be shared by the owners.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Can the probate court require bank records of an attorney in fact that made himself surviving owner of a joint account thereby reducing the estate going into probate?
Yes. If the court suspects that the attorney in fact is unlawfully avoiding taxes, draining the estate, hiding assets, etc., it can and will force the release of records.
Can a heir force an executor who is living probate house to take action on sale or to make payment of value of home to the heirs according to will while estate is in probate?
If the executor is acting in bad faith, certainly an heir could sue him for that.
How do you force out executrix of will?
If there are grounds to remove an executrix of a will, you typically need to petition the probate court. Common reasons for removal include misconduct, conflict of interest, or incompetence. It's recommended to consult with a probate attorney to guide you through this legal process.
Can you force a executor of a will to sell house when he is being unfair?
Possibly if the "unfairness" violates the executor's duties -- you'd have to petition a probate court and if the will hasn't been probated you might have to have the estate opened. There are different procedures in different states.
What if you don't want to be a co executor?
Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.
Can a court force an illegal alien who doesn't have working papers to pay child support?
Exactly how could that be done?
Can someone force the sale of a house left in a Will?
Yes, if one heir wants to sell and the other doesn't, the other must buy out the first heir or that heir can file a petition to sell the property in the probate court. See related question link.
How much time can an executor wait to probate a will?
This depends on the state in which the decedent died, so those laws must be checked. Generally, an executor is under a duty to offer te will for probate and begin things as reasonably can be done. However; there is no set time within which it must be done. In other words there is no statute of limitations for probating a will. A beneficiary can force a tardy executor by getting a court order directing him/her to offer the will for probate or at least lodge the will with the court for someone else to offer it for probate. In this sense, in most cases the length of time a delay can be made is up to how long the beneficiaries allow it to go on.
What is the legal recourse if the executor of a will does not fulfill their duties?
Go to the probate court and ask them to appoint a new executor. In this case they will probably request a full accounting from the existing executor. If it is not complete, they are likely to appoint a third party (an attorney or bank) to serve as the executor. This will cost the estate more money, but it is going to be done correctly.
Brother died intestate, I'm only heir (sister). Mortuary and church burial total $$$ is $11,000. Estate funds limited - could not pay these. Mortuary wants to get judgement then force sale of condo. Can I file BK while still in Probate for these In Calif.?
No you need probate to settle before filing bankrupsty you also have to get credit counsiling.
Can a court force you to give a DNA smaple to determine paternity of your child?
This could be construed as contempt of court, altho they probably won't put you in jail. What's more likely is that the court will enter a default order finding you to be the father of the child.
What could be the consequences of ignoring a court order and departing to a foreign country?
The court order would remain on file. Depending on the conditions set out in the court order - If you returned to the UK, the court order would be enforced, and you would likely go to prison for breaching the order. Additionally - if the crime the order was issued for was severe enough to warrant it - the court could issue an extradition order and have you force-ably returned to the UK !
