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I lived with my mother for 33 months prior to her death as her caretaker and paid all household expenses. Can an executor claim back rent from me?
No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.
Sister died leaving proeprty to her momBefore probate was completed Mom died Can personal rep deed property to himself under mom's will who gives all to son?
No, but I am making 2 assumptions. I take it that the sister's executor is the mother's beneficiary. I also assume that the mother survived any survivability period that might have been imposed by the will or statute. That being so, the property has vested in the mother, meaning it has become her property now. The only person who can transfer the deceased mother's property is the mother's executor. The correct procedure is for the sister's executor to make an executor's deed to the mother. Then the mother's executor will make a deed to the son. The fact that the mother died before the sister's executor made the deed to his mother does not deprive the mother of the property. The only way the property would not become the mother's is if the will required her to survive the sister by a certain period of time (as many wills do) and she failed to do so. But what happens then creates another problem which I won't go into here. Lastly, as always in probate matters you must check the laws of the state the probate is in.
I am the sole executor of my mother's estate in TN and want to know if an heir has any authority to decide who receives what of the personal property the will just states equal shares to the heirs?
An heir does not have any authority over the distribution under a will. Once the estate has been filed for probate the executor is provided with that authority by the court. The executor can take suggestions about how the personal property should be divided and should take care to set personal feelings aside and be fair about the distribution. However, making the distribution of the estate is the executor's legal responsibility.
If brother is executor does he need his brother's signature to sell his dead mother's property?
No
Can a son as an executor of the dad's will to the mother cheat her out of it?
An executor is required to distribute the assets according to the will. "Cheating" someone out of their rightful property, as decreed by the will, is illegal.
My mother's will states that property go to her siblings does it have to go to probate?
Yes, in order for the property to be properly transferred, the executor has to execute the deed.
Can the executor demand the key to my deceased mother's empty house?
Yes. Once an executor has been appointed by the courtthey have legal control over all the property of the decedent. If you don't surrender the key the executor can hire a locksmith to enter the premises and change the locks. Once the Will has been allowed in the probate court, and the executor appointed, you have no right to enter the premises without the permission of the executor.
Can the executor of your mother's estate pay someone to maintain property and to dispose of her personal belongings?
First, the executor has no power or authority until they have been appointed by the probate court. Once appointed they must settle the estate according to the provisions in the will and the state probate laws, under the supervision of the court. They have the right to have the property maintained but they should not be "disposing of personal belongings" unless they were directed to do so by the testator. That property should pass under the will or to the heirs-at-law according to the state laws of intestacy if the property was not specifically addressed in the will. You can check your state laws of intestacy at the related question link provided below.
Can the executor for your mother change anything in her will?
The executor has no right to make changes. The only person that can change it is the mother or the court.
My mother just passed and my brother is named executor. He is going through a bankruptcy and personal tax issues should he be appointed as executor?
Your brother already has enough going on. The duties of being executor would be too much. Someone else in the family should petition to be appointed executor and your brother should decline.
When my mother passed in June 2008 in Virginia she left will but nothing has been done by my sister the executor she is still assuming she has poa?
A POA expires when the principal dies. Your sister is acting with no legal authority whatsoever and could get herself in trouble. She has no right to handle your mother's property until she has been appointed the executor by a court. The will must be probated and an executor appointed by a court. You should speak with an attorney who specializes in probate. You need to protect your interest in your mother's estate.
My sister was appointed as executor of my mother's will and has not executed the requests. It has been 3 years since she passed. I am second executor on the will. What can I do to enforce the will?
Your mother's will should be probated. The court will decide if the will is valid and then will appoint the executor. Since your sister is the named executor the court will want either to appoint her or will want her to decline to be appointed in writing. You can then petition to be appointed. Once the will has been allowed and the executor has been appointed the distribution of the property must be carried out according to the law, to the provisions of the will and in a timely manner. Creditors will have an opportunity to make a claim. If your mother owned any real estate her estate MUST be probated in order for title to pass to her heirs. If she had bank accounts in her name alone the executor will be given authority by the court to close the accounts and distribute the proceeds. If your mother owned any such property you should seek the advice of an attorney.
