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What to do if executor of will does not provide beneficiaries a copy of division of assets?
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Can an executor withhold information concerning assets to the heir of an estate?
An executor has a legal duty to act in the best interests of the estate and its beneficiaries. Withholding information about assets from an heir may be seen as a breach of that duty. In general, an executor should provide full and accurate information about the estate's assets to all beneficiaries. If an heir believes that an executor is withholding information, they may seek legal recourse to enforce their rights.
Is the Executor of the Will responsible for paying the debts of the deceased?
Yes. That is one of the duties of the executor. The debts must be paid out of the assets of the estate before legacies are paid to the beneficiaries.
Am I required to pay my deceased father's bills?
You do not have to do it out of your pocket. If you are the executor of the estate, yes, insomuch as there are assets to pay them with. If the debts exceed the assets, there are some people who will not get paid, including the beneficiaries.
How does an estate adminstrator buy out other beneficiaries?
The estate has to be completely inventoried. Then an independent appraiser has to provide a valuation of the assets. Once that is done, the executor can reach an agreement with the other beneficiaries. At that point he can petition the court with a buyout offer. If there is any feeling of something being inappropriate, consult a probate attorney.
Should a solicitor notify beneficiaries if an executor owes money to the estate?
Generally, an executor is in a fiduciary position and thus prohibited from using the assets of an estate for personal use. It should be reported to the court immediately.
Can a majority of Beneficiaries remove an Executor who is not operating in the beneficiaries best interests like spending unnecessary funds?
No.It generally requires a court action of some kind to remove an executor. What a "majority" wants is irrelevant; the only thing that matters is whether the executor is acting in good faith in attempting to carry out the wishes of the deceased.Another PerspectiveThe beneficiaries can petition the court for the removal of the executor and the appointment of a successor. The complaints should be set forth in a clear and concise manner with examples of the misuse of funds. If the executor is indeed wasting estate assets the beneficiaries have a right to complain. The court will review the situation and render a decision.
Is it legal for the executor of an estate to lock up the home of the deceased and keep beneficieries from entering?
Yes, the executor is responsible for securing the assets. Although co-operating with beneficiaries to avoid contentious probate is always wiser
What are the executor's responsibilities re sharing knowledge of deceased person's assets in detail prior to distribution?
The executor has to inventory and value all assets. They have to provide a full accounting to the probate court.
Can an excutor of a will tell someone What is in the will before its told to everyone?
The executor has no right to see the will prior to the death of the testator. The testator may provide the named executor with an unsealed copy or allow the named executor to read the will but that would be entirely voluntary on the part of the testator.
What is the time limit to probate a will in Alabama?
After a person dies with a will and the estate is probated how long does the executor have to wait until assets are distributed to the beneficiaries?
Can the executor of the estate chose what gets sold and what doesn't without asking beneficiaries if they want it?
The executor has a great deal of leeway in settling all debts. He has to come up with assets to clean up the debts before distribution.
A silver dollar collection was found and the executors want to inventory it but two of the beneficiaries are objecting is it acceptable for the executors to inventory it anyway?
The beneficiaries have no authority as to how an estate is to be handled. That is the duty of the executor or executrix who will be held personally and legally accountable to the court for all assets and property belonging to the deceased. Therefore the executor has a legal obligation to inventory ALL property and assets and to accurately enter them into the probate filing of the estate.
