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What can heirs of an estate do if the executors refuse to have items appraised as stated in the will?
Return to the court that appointed the executor and petition to have the executor removed and a new one appointed.
Does a majority vote of heirs in an estate override an executor?
No. Not unless that power was granted in the Will. Otherwise, an executor is appointed in an estate in order to avoid such types of interference by the heirs. The court appointed executor has the legal authority to carry out the provisions in the Will and according to the probate laws for any property not mentioned in the Will. The heirs generally have no say in those matters.
Should the executor provide all estate business to all sibling heirs during probate in order for each to make informed decisions about the estate and sale of deceased parent's home?
No. An executor is the person who has been officially appointed to settle the estate. The executor does not answer to the heirs and they do not direct the actions taken by the executor. They do not need the permission or involvement of the heirs. Although the executor may, at their discretion, encourage the interested parties to express an opinion regarding the sale, the executor has the legal power and authority to make the final decision.
Are all heirs responsible for taking care of property?
Normally yes all heirs are responsiably, unless one of them is appointed the executor the estate.
If an executor does not distribute the assets can those included in the will force the executor to do so?
First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.
Can a executor live in home and not pay out value until thay want?
Generally no. Generally, ownership of real property passes to the heirs at the moment of death. Therefore the heirs own that real estate. However, the estate must be probated in order for title to pass legally. You should report the executor to the court asking that they be removed and a new executor appointed to settle the estate.
What are the heirs rights in Missouri if there was a will and the will is not being followed by the estate representative?
The estate representative should be reported to the probate court immediately for abusing their authority. They should be removed and a new executor should be appointed.
What happens if an executor of an estate is removed from the position for mismanagement and stealing but the rest of the heirs will approve of another family member to be the new executor in new york?
The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.
What recourse do the heirs have when the Propriety has sold the money is in the bank but the executor refuses to distribute the money to the heirs?
If the period during which creditors can make a claim has passed, generally, the heirs can submit a motion to the court to compel the appointed executor to make distribution. The executor has a legal obligation to perform all their duties in a timely manner. If the executor isn't doing that then complain to the court or to the attorney who is handling the estate.
How do you become a court appointed executor?
You file the will with the probate court with a petition asking that the will be allowed and that you be appointed the executor. If there is a named executor in the will who has died or who does not want to serve you should provide proof to the court.
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 an executor sell a vehicle to a family member if all heirs agree the vehicle is not in the Will?
Yes they can, but the there are 4 heirs, then at least 3 have to agree. The vehicle is just part of the Estate. Sometimes there are boats or other properties involved. Even homes can be sold with the agreement of all involved in the well as most people would rather have the money. If one of the Heirs (perhaps a son or daughter) really wants to buy and live in the home as long as they pay the market value of that home they can do so and that money goes into the Estate and is divided equally by the other Heirs. Marcy
