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Who is at fault if bank gives money to executor instead of beneficiary?
Wiki User
∙ 9y ago
No one is At Fault as the bank followed the law. The Executor is the person who should get the money. They are responsible to collect and value the estate and its holdings. Once inventoried and debts cleared, they can distribute the remaining assets to the beneficiaries.
Wiki User
∙ 9y ago
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Can an executor place a house for rent that is still in probate?
This question has two potential answers depending upon whether the executor is the one renting the property or the beneficiary designated to receive it under the will is renting the property. If you mean rented by the executor, it may be at any time as soon as the will is probated and an executor is appointed to act. (Or an administrator if there is no will.) Most states have a statute taken from the Uniform Probate Code that gives the executor possession and control over every asset of the estate during administration of the estate even to the exclusion of beneficiarires who are designated to receive the property. During administration only the executor may rent it out, but the executor retains the discretion to decide if renting it is beneficial to the estate. Thus, even though an executor has the power to rent it out, he or she does not have to do so and cannot be forced to do do by a beneficiary unless a court orders it. If you mean rented by the ultimate beneficiary, the beneficiary cannot rent it out until the executor formally transfers the property from the estate to the beneficiary even if the will explicitly gives the house to that beneficiary. Once it is transferred, it is no longer part of the estate and the executor has no legal right to possession or control, therefore no right to rent it out or refuse to rent it out. The transfer to the beneficiary might have to wait until final settlement of the estate just to make sure that it does not have to be sold to pay for debts or expenses. On the other hand, if an executor is reasonably certain that it is not needed for that, the executor may in his discretion transfer the property before finalizing the estate. I believe it is best to transfer the house as quickly as possible during administration as long as it is clear that there are sufficient liquid assets to pay for everything. That way the executor is no longer responsible for the safety of the asset and he or she has a happy beneficiary.
Can the executor of an estate also be a beneficiary?
Yes. It is common for a beneficiary to be also named the executor. The contents of a Will remain private until the death of the testator so the person who is named as executor may not be known until the Will is read. As the role of an executor is merely to distribute the assets of the deceased in accordance with the terms of the Will of the deceased, an executor will have no say in how the Will is prepared or to whom the assets should be distributed. Therefore, there is no legal reason why an executor should not be named as a beneficiary in a Will. In fact it is quite often preferable for a family member (and beneficiary) to act in the role of executor. That arrangement is frequently used in wills executed by husband and wife or life partners where each leaves the entire estate to the other and names the other as the executor.
Can an executor deny a beneficiary the keys to property listed?
Yes, as long as the key controls some asset of the estate like furniture and furnishings in the decedent's house, until administration is completed. Executors and administrators have the obligation to take into their possession and protect all estate assets They are the only ones entitled to possession of estate assets during that administration. Therefore, an executor may withhold from a beneficiary a key to a house even if the will gives the house to that beneficiary, but only for a reasonable amount of time needed to administer the estate.
Can someone collect funds from somebody's inheritance that claims to be representing that individual?
No, not unless the individual who is trying to collect the funds has some document that gives them the legal authority to act for the beneficiary. That document is most often a Power of Attorney. However, if the executor has the slightest doubt as to the authority of the person who is trying to collect the funds, she/he should insist on dealing with the beneficiary directly. Distributing funds to the wrong party would create liability on the part of the court appointed executor. You should consult with the attorney who is handling the estate.
If an individual gives property either real or personal to a beneficiary the beneficiary must pay an inheritance tax?
fiscal
What happens when a testator owned two cars and gives a gift of a car without specifying which one?
Generally, if the testator provided that the beneficiary was to receive one of her two cars and didn't specify which one, the beneficiary would get to choose. If there are objections made the court would have to decide the outcome.
What is a fault record?
fault records gives complete information about a fault,i. fault current magnitude,type of fault,fault phase details,etc.with time stamping.
If an individual gives property the beneficiary must pay an inheritance tax?
Fiscal Policy
Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?
Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.
Can an executor hide information from a sibling?
An executor has a duty to act in the best interest of the estate and its beneficiaries, which includes being transparent and providing information to the beneficiaries. Hiding information from a sibling could be seen as a breach of fiduciary duty and may have legal consequences. It is important for all beneficiaries to have access to relevant information about the estate.
If someone is made discretionary executor of a will are bound by law to carry out the wishes of the person who made the will?
Yes, the executor is legally bound to carry out the wishes stated in the will to the best of their ability. They have a fiduciary duty to act in the best interests of the estate and its beneficiaries, and failure to fulfill their responsibilities can result in legal consequences.
What is a probate letter?
It is a letter issued by the probate court. It gives the named individual the right to be the executor and represent the estate.
