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What recourse does one have if the person named as executor in a will did not get court appointed before removing property from a home?
Wiki User
∙ 11y ago
You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.
The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.
You should consult with an attorney who specializes in probate immediately.
You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.
The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.
You should consult with an attorney who specializes in probate immediately.
You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.
The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.
You should consult with an attorney who specializes in probate immediately.
You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.
The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.
You should consult with an attorney who specializes in probate immediately.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoYou should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.
The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.
You should consult with an attorney who specializes in probate immediately.
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How do you go about stopping a family member removing items from an estate who won't listen to the executors?
First, the executor must be appointed by the court in order to have any legal authority over the estate. They should submit a petition for probate and appointment as soon as possible. Once appointed the executor can call the police if someone is stealing property from the estate.
Can a Executor lock a Beneficiary out of an estate?
Yes, they can lock them out. The executor must preserve the estate. That may include removing people from the property and selling it.
Removing a co-executor from a trust after the trustees death?
Look to the instrument that created the trust for instructions for appointment of the successor trustee. Co-executors are not appointed for a trust, they are appointed by a court. You would need to petition the court to remove a co-executor.
Can an executor remove property before probate?
The named executor or family can secure the property and must immediately file the will and commence the probate procedure. Until appointed by the court, an executor has no legal authority over the estate. If necessary, there is en expedited process by which a temporary executor can be appointed by the court until the executor can be appointed.
How do you relinquish rights as an executor?
If I own an equal amt.of property as the executor of the estate and he is taking things what are my rights? He will not allow me into the house without him, but he is going in and removing items when I am not there?
My sister was named executor and three of us are beneficiaries before the will was filed She changed the locks and would not let me on the property was this legal?
In order to obtain the authority of an executor your sister must file the will for probate. The court will review the will and if it is allowed then your sister will be appointed the executor if no one objects. She is not the executor until she has been appointed by the court. You will be notified. Until she has been appointed by the court she has no power whatsoever. However, perhaps she is preserving the estate until the estate is settled, preventing heirs from removing any property. If that is the case then she is acting responsibly. Remember that once they are appointed, the executor has the power and authority to take charge of all the assets and settle the estate under the supervision of the probate court and according to the provisions in the will. She should not be secretive during that process. Once the will is filed for probate the file becomes a public record and anyone can review it. You can go to the probate court, request the file and monitor the executor's progress in the settling of the estate by reading through all the documents contained in the file.
Who do you report your brother to if he has taken over your duties as executor of mother's estate by removing original documents from parent's files?
First, the named executor must be appointed by the court. Once appointed the court issues Letters Testamentary to the executor and the letters provide the authority to settle the estate. Another person cannot 'take over' the executorship because the letters are issued in the name of the court appointed executor.The court appointed executor has the authority to settle the estate according to the provisions in the will and according to the state probate laws under the supervision of the court. The executor also acts under the umbrella of the state probate laws. The brother's behavior can be reported to the court and the court has the power to issue a court order to return the files he has taken can and impose further legal sanctions if necessary.
Can brother executor prevent sibling from entering father's home?
Yes, until the estate is settled and the distribution has been made according to the terms of the will the executor is responsible for collecting and protecting the assets of the deceased. They may feel the need to keep others from removing property prior to distribution.
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Removing property qualifications
My dad's girlfriend is the life insurance beneficiary. She and her new boyfriend are removing items from his house. There is a will. What rights do his children have in protecting his property?
You are in an extremely complicated legal situation. You need to contact an attorney immediately. If your father's girlfriend is on not on the deed you should change the locks immediately to prevent her from removing any property until the will can be probated and an executor appointed. It cannot emphasized enough that you need to speak with an attorney ASAP. It should have happened already. Your rights may depend on the terms in the will. However, no one has the right to take property until the will has been allowed by the court and the estate has been probated.The girlfriend likely has some of her own property on the premises. It may be difficult to determine what property actually belongs to her but that is a complication of setting up housekeeping while unmarried.
What procedures to take in removing a vehicle from your property?
what are the procedure of removing abandoned vehicle from your property? Try calling a tow truck- they tend to work good..
How does removing an executor make negative strikes on estate?
It doesn't. Executors need replacing for many reasons and there is no negative effect on the estate.
