No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.
Yes. The executor is often also a beneficiary of the estate.
No. The court appointed executor has the legal authority to manage and settle an estate without interference from the beneficiary.No. The court appointed executor has the legal authority to manage and settle an estate without interference from the beneficiary.No. The court appointed executor has the legal authority to manage and settle an estate without interference from the beneficiary.No. The court appointed executor has the legal authority to manage and settle an estate without interference from the beneficiary.
No, the beneficiaries receive the estate. An executor could be a beneficiary
If you are asking if the executor can remove a beneficiary from a house that is owned by the estate, then the answer could be yes, dependent on the terms of the will.
A beneficiary does not have the right to sell the estate. Only the executor can sell property.
An adult child can be the executor. They can also be a beneficiary. They are required to be impartial when distributing the estate.
It is relatively common to for a beneficiary to be executor. They are more likely to get the estate closed quickly.
Either renounce or administer the estate or pay a professional to deal with the matter and the fees would be met from the estate. It is up to the executor to decide. If the exector decides to administer the estate, he or she can be paid a fee (amount varies by state and county). The executor is not a beneficiary and the beneficiary is not the executor. The beneficiaries really have no say as to what the executor should do (i.e., adminster estate, hire attorney to represent estate, or renounce). The executor has a sworn duty to administer the estate in accordance with the deceased's will and the laws of the state and county of probate.
The attorney has a fiduciary-client relationship with the executor. Note that if a beneficiary believes they have a valid cause of action against the executor for mishandling the estate the beneficiary must retain their own legal representation. The attorney who is handling the estate will represent the executor.
Of course not. If the beneficiary has reason to believe the executor is mishandling the estate they should complain to the court that appointed the executor immediately and ask the court to review the situation.
The executor now controlling the estate has to do the transfer but if they had an executor, there is probably also a will, attorney, and a beneficiary (ies)
The amount of power that a beneficiary has of an estate depends on the wording of the will. An executor of the estate is usually assigned to insure that the will is properly followed. If the executor does not do their job then an attorney may need to be consulted to insure that the deceased's wishes are followed.
Yes, they can lock them out. The executor must preserve the estate. That may include removing people from the property and selling it.
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.
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.
No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.
The executor has a duty to do certain things with the estate. If they need assistance, they can hire help. It would have to be considered reasonable by the court.
The beneficiaries' estate will get their share. The executor will continue to process things according to the will.
Anyone can bring a law suit against anyone if they have been wronged. Beneficiaries often get into such lawsuits.
Once the administrator/executor of the estate says they can.
Real property can only be sold by the executor of the estate. A beneficiary is not allowed to sell the property.
If an executor is sending your husband a letter, it is likely that he is a beneficiary or that he is required at the signing of some type of paperwork. He might also owe money to an estate.