They have to show they are complying with the will. If there is no will, they have to comply with the laws of the state. The court makes sure the law and will are being followed.
The executor has the Letter of Authority to conduct the sale. No one else has to be involved.
The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.
You can usually get the forms from the court house or perhaps online. It would be a request to be appointed executor and a letter of authority. If they are properly filled out, the court will sign the letter of authority.
There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.
NO. Generally, the heirs own any real estate left by the decedent.
The estate must be probated in order for title to the real estate to pass to the heirs. The will must be presented to the probate court for allowance and the probate court will appoint the executor. No one is the executor until they have been appointed by the court. The executor will have the authority to settle the estate UNDER THE SUPERVISION the court once they have been appointed. As soon as the will has been filed for probate it will become a public record and you can obtain a copy from the court. You will be able to monitor the executor's actions by reviewing the probate file periodically. If they misbehave you can report them to the court immediately and request that they be removed.
First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.
You have to open an estate. The court will then appoint an executor. The executor will have the letter of authority that will, with the court's permission, sell the real property of the estate.
Yes, The Heirs can buy the policy or the Estate executor can buy a home insurance policy.
The executor is responsible for the sale of the house. They have a letter of authority from the probate court. That allows them to write checks and settle the estate.
Yes, you can certainly sue for that. The executor can go to the court and have the sale nullified. Only the executor can transfer the property of the estate.
When the executor is satisfied that all the debts have been resolved. They will provide a final accounting to the court and distribute the remainder.