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What rights does a co executor have if the other co executor is delaying settling the estate?
Wiki User
∙ 11y ago
The co-executor's rights are most likely limited to bringing an action to have the other co-executor removed for failing to fulfill the obligation to settle the estate expeditiously or to force the coexutor to perfom some ministerial act required to move the estate forward or be removed. The action may also request that the delaying co-executor pay damages, if any result from inexcusable delay, or interest or even forfeit some or all commissions due to him/her for acting as executrix.
One co-executor usually cannot simply assume total control of the estate and move forward, because, in most states, when there are more than one executor, it takes a majority to act, and when there are only two executors, there is no majority.
Wiki User
∙ 11y ago
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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.
Can an estate executor deny your rights if you were included in a will?
Only if the assets of the estate are not sufficient to settle all the debts.
What are the creditors' rights on estates without wills?
They have the same rights as they have with an estate that has a will. The creditors file their claims with the executor.
What rights does an executor have to enter the premises of the deceased exercise the contents of the will?
They have full rights to the assets of the estate. They must be given access. They have to preserve the estate and have it evaluated.
Can executor pass responsibilities to attorney?
Yes. The executor can assign their rights to represent the estate by the appointment of an agent. That is frequently done when the deceased owned property in another state or when the appointed executor lives a distance from the court where the estate is filed.
What are the Beneficiaries rights in an estate?
"Rights" may not be the appropriate term. A beneficiary has a "claim" to the estate, arising from their inclusion in the will. Anyway, to get to your question, a beneficiary should be given a copy of the will, so that they may view their entitlement, and the entitlement of all the other beneficiaries. Also, the Executor should contact you and inform you of their progress administrating the estate. As a beneficiary, you may have legal recourse if you do not think the Executor is administrating the estate correctly.
If there is a divorce in progess for the deceased and a child is appointed executor of the estate who has more rights the widow or executor?
The executor is the person who has the power and obligation to carry out the provisions in the will and perform all the duties necessary to settle the estate. The widow has no rights in that aspect of the estate. If the divorce decree was not yet entered at the time of death the widow will inherit according to the provisions in the will. In most states she can claim a statutory share if she is not satisfied with provisions made for her in the will.
Can executor be forced to probate mineral rights to heirs in timely fashion?
Yes. A court appointed executor is obligated by law to settle the estate with expediency. However, the executor is bound by the speediness of the court where the probate is filed.
Can a executor evict his sister from their late parents' home if it jeopardize the sale of the house and there is no will?
There is no executor if there is no Will. The estate must be probated and the court must appoint an estate representative. That representative will have the power to request a license to sell the property. The representative should ask the attorney who is handling the estate how to handle the sibling who made their home with the deceased parent. The sibling has property rights and rights as a tenant.
Transfer real estate property by will?
The transfer is done by the executor of the estate once the estate is settled. The will indicates who gets the rights in the property, but they are still subject to mortgage and liens and other items.
If there is a executor over a will what rights does the spouse have?
A wife has legal rights whether or not she is the executor. Most states have a statutory provision under the doctrine of election. Under that provision, a wife can claim a statutory share of her husband's estate if her distribution under the will is less than she would receive by law. You should consult with an attorney in your state who specializes in probate to determine what your rights are under the laws of your state.As for the settling of the estate, the executor must be appointed by the court. Interested parties will be provided with an opportunity to object to the appointment of the named executor and the court will hear the objections. If the objections are serious enough the court will appoint a different person as executor. Once appointed by the court, the executor will have the power and authority to settle the estate under the provisions in the will and according to the probate laws under the supervision of the court.
If the executor asks a lower price for a property than the joint beneficiary wants what are the rights of the beneficiary?
The executor has a duty to the estate to bring the best possible price for the liquidation of the assets. The executor will list the property for what it is worth, not what the beneficiary wants.
