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The probate of my father's estate has been completed. The house is now owned by my three siblings and myself. Does the executor still have control over rental or sale of the house?
Wiki User
∙ 13y ago
This would depend on whether the executor has left the property in your fathers name or if it has been transferred into your names.
In the United States
No. Generally, equitable title to real property passes automatically to the heirs. In most states, the estate must be probated in order to perfect legal title in the heirs. Since the debts of the decedent must be paid before any property has been distributed there is always the possibility the real estate must be sold to pay debts. An executor can sell real estate only if they have been granted that power in the will or if a license to sell has been issued by a court. Once the probate process is concluded (after debts and taxes have been paid) the executor has no authority over the real estate. Record title does not need to be transferred to the heirs since probate is part of the public record of real property ownership. The property now belongs to you and your siblings. However, you can arrange to have a deed drafted in your own names.
State probate laws vary. You should consult with an attorney who specializes in probate laws in your jurisdiction.
Wiki User
∙ 13y ago
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Can the sole beneficiary act as executor if the executor for my fathers will dies.?
Yes. You can notify the court that the executor has died and request that you be appointed the successor.
What can you do to have executor removed if she is not preforming the duties as the executor of your fathers will?
Petition the court to have them removed and replaced. In such cases the court is likely to appoint an attorney to serve as the executor.
What does science say about siblings with same mother different fathers?
They are half siblings.
What rights does an executor have to claim the deceased ashes from a family member who is withholding them?
Can I claim my fathers ashes
Can you collect money from your dead fathers unclaimed funds if your step mother was the estate representative and she has since remarried?
It would depend on the laws of the specific jurisdiction and the specific circumstances of the situation. Generally, heirs or beneficiaries may have a claim to unclaimed funds, but it is best to consult with a lawyer or probate court to determine your rights in this situation.
Can you be made executor to fathers will after he is dead?
You can apply to be appointed executor of your father's estate. The court will issue a letter of authority. You will be required to distribute the estate according to the intestacy laws of the state.
How many siblings does Leonardo have?
Leo has no siblings from his parents, but his fathers second wife has a son, Adam ferrar.
When your named executor of your fathers will can a stepmother sell any part of an estate?
Not unless she holds title as a surviving owner.
What action can be taken against your brother who is the executor of your fathers will for mishandling the inheritance that was to be divided between three siblings?
Your brother has no power as the executor until he has been appointed by the court. Once he has been appointed he will have the power to settle the estate according to the provisions in the will and according to the state probate laws under the supervision of the court. If he abuses his power you can complain to the court. If he has mishandled the estate he will be required to pay the missing funds to the other heirs.
How do you find out what has been left to you in your fathers will?
After he dies, the executor will file the will with the probate court. You will probably be notified of the contents of the will, but if not, you can review the will at the clerk's office.
Your brother is the executor of your fathers will and has spent all the money can he get into any kind of legal trouble?
Unless he was the sole benificiary of the will, yes. He could be prosecuted for theft.
How can I get my fathers will in which he names me as executor if I live across the state from lawyer holding the will?
You contact that lawyer and request that she send the original to you by registered mail or a carrier such as Fedex.
