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What happens if one of the heirs who is also an executor rents the house that is part of the estate and keeps all the money?
Wiki User
∙ 13y ago
First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.
First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.
First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.
First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoFirst. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.
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Are heirs responsible for deceased parents mortgage debt?
No, the executor is responsible to insure the estate is taken care of. Them means either selling the house or paying off the mortgage. One way or another the debts have to be resolved before the estate is closed.
Can the executor pay the mortgage and sell house?
Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.
How do you transfer a deed of a house when the owner dies and there is no mortgage?
The estate must be probated and the title to the real estate will pass according to the provisions of the will or according to the state laws of intestacy if there was no will. Any estate that holds real estate must be probated in order for title to the real estate to pass to the heirs at law. After the probate process is completed the heirs can keep or sell the property and divide the proceeds. The attorney who handles the estate can assist in drafting a new deed in the names of the heirs at the proper time in the probate process if they wish to keep the property. You should consult with an attorney who specializes in probate.
If an estate has no money or is insolvent is the executor responsible for any monies like insurance owed on the house or mortgage payments or electrical bills and water bills?
No. The executor or executrix cannot be held personally responsible for the decedent's debts.
What if you owed money to a decedent but you are one of two heirs and the other heir is living in the decedent's house?
If the debt is evidenced by a promissory note or some other proof of how much you owe the decedent then the debt is owed to the estate. The two heirs generally share equally in the estate. You two should negotiate an arrangement that takes into consideration the money owed and the benefit of living in the inherited premises. You should consult with the attorney who is handling the estate for help in executing a written agreement regarding the property. In order for title to real estate to pass to the heirs legally, the estate must be probated.
Can an executor of an estate refuse to lower the price of house in the estate when the other two heirs request that it be lowered?
The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.
What if the executor does not want to sell a house in the will?
There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.
Is the executor of the state now the owner of house?
NO. Generally, the heirs own any real estate left by the decedent.
Can you get homeowners insurance if the owner of the house is deceased?
Yes, The Heirs can buy the policy or the Estate executor can buy a home insurance policy.
Who signs for the sale of a house to be split between the 3 heirs when one of the heirs is the executor only the executor or all 3 heirs?
The executor has the Letter of Authority to conduct the sale. No one else has to be involved.
When the deceased only has a house value 145000 there are NO other assets her son is the executor and the house is to be split half and half with his daughter does he need to obtain probate?
Yes. The estate must be probated in order for title to the real estate to pass to the heirs legally.
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.
Can an heir to the estate receive money from that estate after the house has been sold. Everyone that suppose have received their portion of the estate has. When can the heirs receive their money?
When the executor is satisfied that all the debts have been resolved. They will provide a final accounting to the court and distribute the remainder.
Is the executor of an estate paid on full value of house or what is owed?
The executor's fee is based on the value of the estate. Money owed is not a part of the estate, it is a claim against the estate.
What happens to moms furniture if it is in a house that you own and there is no will who gets the funiture?
The estate gets the furnature. The executor of the estate will then distribute it according to the intestacy laws once the debts are resolved.
Are heirs responsible for deceased parents mortgage debt?
No, the executor is responsible to insure the estate is taken care of. Them means either selling the house or paying off the mortgage. One way or another the debts have to be resolved before the estate is closed.
Can an executor spend money from the estate to alter a house before he releases it to the beneficiaries?
An executor is charged with acting in the best interests of the deceased and adhere to the stipulations of the will. An executor may acquire money from the estate if: 1. there are specific stipulations in the will that the executor is entitled to funds as compensation for their efforts. 2. The executor is a named beneficiary of the will, a situation that often happens with couples.
