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What if a beneficiary of a will dies while the will is being dealt with by the executor?
Wiki User
∙ 9y ago
The beneficiaries' estate will get their share. The executor will continue to process things according to the will.
Wiki User
∙ 9y ago
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Can a deed to the family home be transferred to the executrix who is also a beneficiary without the signatures of all the beneficiaries?
The beneficiaries do not have the ability to transfer property. The executor can deed the property to whomever it is being sold or distributed to. The executor can also transfer the deed to the estate while determining disposition.
Can an executor deny a beneficiary access to the deceased property?
No they can't. However, if the beneficiary is being unreasonable, then the Executor has the right to ask the beneficiary to deal with him through their lawyer. Answer An executor can deny a beneficiary access to property in an estate. Once again though, you must check the laws of the jurisdiction which govern that estate. Most states have laws that say that an executor is entitled to possession and control of all estate assets during administration. Many also provide that if an executor demands that a beneficiary give back an asset that the beneficiary has taken, the beneficiary must give it back. This is necessary for the orderly administration of every estate. You can imagine the chaos that would ensue if every beneficiary had full access to everything in the estate while administration of the estate is going on. Don't forget that the other parts of settling an estate may involve the sale of some items in order to pay debts owed by the deceased. It is often more easily and efficiently done if you let the executor--named by the deceased--complete the job.
Can an ex-wife be sole executor upon death of husband and in the absence of a will?
While it is possible, it is probably not the best choice. An actual beneficiary would be in the best position to serve.
Can an executor who is also a beneficiary get money from the estate while still in probate?
If the estate contains enough assets to settle all of the debts, they can. Also, the executor is, by law, entitled to be paid for their time. The rate is often set by law and the probate judge has to approve the distribution. If they have properly documented their time, it is reasonable to bill the estate and collect it.
Can brother executor prevent sibling from living in mothers home while she is still living?
The executor has no power while the person is living. Until they are appointed by the court, they have no power.
Does the executor of a will have rights to distribute the estate before the mom dies?
They certainly do not have the rights. The executor has no power while the testator is still living.
I lived with my mother for 33 months prior to her death as her caretaker and paid all household expenses. Can an executor claim back rent from me?
No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.
What rights does a family executor have while the parent is still living?
They have absolutely no rights. An executor does not obtain any power until appointed by the court.
How will you know if the executor changed the will?
The will is examined by the court for technical defects. If you think the executor changed the will then you must make your objections while the will is being examined by the court. You can present your evidence at the hearing and the court will render the decision. There are witnesses names on the will as well as a notary who can all be required to testify.The will is examined by the court for technical defects. If you think the executor changed the will then you must make your objections while the will is being examined by the court. You can present your evidence at the hearing and the court will render the decision. There are witnesses names on the will as well as a notary who can all be required to testify.The will is examined by the court for technical defects. If you think the executor changed the will then you must make your objections while the will is being examined by the court. You can present your evidence at the hearing and the court will render the decision. There are witnesses names on the will as well as a notary who can all be required to testify.The will is examined by the court for technical defects. If you think the executor changed the will then you must make your objections while the will is being examined by the court. You can present your evidence at the hearing and the court will render the decision. There are witnesses names on the will as well as a notary who can all be required to testify.
What happens to a beneficiary designation if the beneficiary dies - is there any protection for the beneficiary's children?
Generally the language in the will directs how the estate will be distributed provided that the will was carefully drafted by a competent attorney. A gift to a deceased beneficiary may pass to her/his heirs, her/his siblings or may lapse and pass into the residuary of the estate to be shared by all the other beneficiaries. The testator has the power to decide while the will is being drafted. If the testator has died you should have the will reviewed by an attorney to determine who receives the share of a beneficiary who predeceased the testator. If the will has been filed for probate then speak to the attorney who is handling the estate.
What happens to a beneficiary designation if the beneficiary dies is there any protection for the beneficiary's children?
Generally the language in the will directs how the estate will be distributed provided that the will was carefully drafted by a competent attorney. A gift to a deceased beneficiary may pass to her/his heirs, her/his siblings or may lapse and pass into the residuary of the estate to be shared by all the other beneficiaries. The testator has the power to decide while the will is being drafted. If the testator has died you should have the will reviewed by an attorney to determine who receives the share of a beneficiary who predeceased the testator. If the will has been filed for probate then speak to the attorney who is handling the estate.
Can an executor be set aside in probate?
Yes. A court can decide not to appoint the named executor if any interested party provides a compelling objection to the appointment. Also, the court can remove an executor and appoint a successor if it finds the executor is mishandling the estate, submits a resignation or dies while in office.
