You are executrix of your aunts estate and need to change property title into my name in 2 different states. How do you do this?
Your aunt's estate must be probated in both states in order to pass title to you legally. The will must be filed in the state of primary residence and the executor appointed by the court. Then some sort of ancillary probate will need to be filed in the other state where she owned real estate. You should discuss it with an attorney who specializes in probate law and who can review your situation and explain your options in each state.
The executrix does not need the permission of the beneficiaries to sell property. They do have to justify it to the court. Read More
What if an executrix rejects an offer on a property jointly owned without knowledge or consent of one heir?
That is the option of the executrix. They don't have to get permission from every heir to manage the estate. Read More
Certainly, as long as the court accepts the disposition of the property and the settlement of debts. Consult a probate attorney in the state in question. Read More
Removing property is considered theft. And they have no legal standing to do so while the person lives. After their death, they are responsible to the court and the estate. Read More
Can the executrix of an estate in the state of nc dissolve the estate without the consent of the beneficiaries?
The executrix is responsible to distribute the assets according to the will or the laws. The consent of the beneficiaries is not required. Read More
The property belongs to the estate. The executor is responsible for the estate and any change to the property needs to go through them. Read More
"Property lawyers deal with personal property, whereas real estate lawyers deal with real estate." Read More
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There should be no changes required to the existing accounts. The monies should be moved into an estate account. Read More
If a person was granted a life estate in property and then the owner dies, the property remains subject to the life estate. Even if the decedent leaves the property to a different beneficiary in the will, the property passes subject to the life estate. Read More
That would be one of the key duties of the executrix. They have to inventory, value and liquidate the estate. Read More
Can one sibling be selected to be executor of the estate even though all 5 children have been assigned as executors of the estate?
* Generally there are only one or two Executors to a Will. Executor (male) or Executrix (female.) It is odd there should be five Executors. An Executor/Executrix has the right to decline to handle the wishes of the said Will and this is the reason for basically having a back up Executor or Executrix. The group of siblings should get together and decide who will be handling the Will as Executor or Executrix. If one… Read More
No, nothing can be done with real or personal property of a deceased person(s) until the probate procedure has been completed. States establish probate laws, each state has different requirements for the procedure and stipulates different types and amounts of property that is exempt from probate action. Contact the executrix or executor of the deceased estate or the clerk of the probate court of jurisdiction for more specific information. Read More
If a child is alternate executrix of father's will and the step mom is the executrix does the child legally have the right to obtain copy of the will?
Absolutely! Many people have either 2 Executrixs (female) or perhaps an Exector (male) and Executrix. Executrix's aren't taken lightly and they are to follow the wishes of the deceased to the letter. This means paying off all bills and other debts, and then the Estate goes into Probate and they will be sure all person/property taxes are paid and all creditors are paid. Once this is done then what is left in the Estate will… Read More
Your sister was named executrix of fathers estate with you as alternate can sister refuse to be executrix?
Yes. Your sister can file a "Declination" and the petition to have the will allowed can list you as the executor. The attorney handling the estate will know how to file the proper documents so that you can be appointed. Read More
No. Once you have conveyed your property and retained a life estate the property has a new owner. They would have to convey the property back to you voluntarily for you to regain ownership. Read More
The fee is set by state law. Read More
Is it illegal for executrix being the deceased's spouse to dispose of their personal and financial records before the estate is settled?
The executrix has a responsibility to keep proper records, and in England and Wales would be liable for the rest of her life for her conduct of the estate. The short answer to your question is: no. Read More
Does the legally appointed executrix of an estate owe anything to the children of the estate if the deceased stated she deliberately and name the children out of her will do you owe them anything?
The executrix owes nothing to anyone. The estate is distributed according to the will or the law. In some cases the law may make exceptions to the will, particularly if the children are minors. Read More
Can a deed to the family home be transferred to the executrix who is also a beneficiary without the signatures of all the beneficiaries?
The beneficiaries do not have the ability to transfer property. The executor can deed the property to whomever it is being sold or distributed to. The executor can also transfer the deed to the estate while determining disposition. Read More
Yes. As long as the sale is handled properly according to law. There are different rules in different jurisdictions regarding the sale of real estate from an estate. Read More
The executrix is not personally responsible for the medical bills. The estate has to pay off the debts. As long as the estate can pay them, they have to receive and pay the bills. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended. Read More
You can bring a lawsuit in the probate court asking the court to remove the executrix and appoint another person to handle the estate, usually the alternate executor named in the will. Each state has its own laws setting the basis for a removal. Generally these have to do with the executrix not doing what she is supposed to do, harming the estate in some or failing to obey the terms of the will or… Read More
Can a sister who owns 75 percent of a house be forced to sell the property by the sister who is the executrix of their deceased mother's estate?
No. She cannot force the sale of the home, but she can file a lawsuit and request that the property be partitioned. The judge would decide if the property would be subject to sale. Judges generally give the person who does not want to sell the property the opportunity to buy out the other owner(s). This would only be possible if there were not terms included in the will forbidding the sale of the property… Read More
What are your rights to your deceased father's estate if the father left the estate to his second wife as executrix?
That will depend on what the will says. In most cases, the bulk of the of estate would be expected to go to the spouse. Read More
Property Management deals with running and maintaining business property for a firm or individual. Estate management deals with taking the estate of a deceased person through probate. They can be very similar and very different, but both require taking care of property. Read More
There is no proscribed time frame. It can take years, even decades, to settle a complex estate. Read More
The following information is general information only. The laws in your state may vary. Generally, there needs to be special authority in the will in order for the executor to have the power to transfer real estate. IF the will was allowed and you were appointed the executor and IF you were given power to sell real estate in the will and IF the property was devised to you in the will then you can… Read More
How do we get real estate out of our deceased grandmother's name when the executrix - her daughter - has become incapacitated and the executrix will is no where to be found.?
Apply to the court for letters of authority. If the situation is properly documented, it should not be a problem. Read More
Yes there is. An Executor (male) Executrix (female) who is doing a poor job or cheating or stealing from the said property of the deceased can indeed be taken off the Will, but you will have to see a lawyer about this and prove it. Be very careful with this accusation and learn about Probate, and what the duties of an Executor/Executrix. You can find out by going on www.google.com and asking "What are the… Read More
A silver dollar collection was found and the executors want to inventory it but two of the beneficiaries are objecting is it acceptable for the executors to inventory it anyway?
The beneficiaries have no authority as to how an estate is to be handled. That is the duty of the executor or executrix who will be held personally and legally accountable to the court for all assets and property belonging to the deceased. Therefore the executor has a legal obligation to inventory ALL property and assets and to accurately enter them into the probate filing of the estate. Read More
Is it legal for an executrix to change the locks in a house without telling the beneficiaries in PA?
The executor of the estate has the duty to maintain it. That means making sure that things stay intact and nothing goes missing. Read More
That would be an illegal action. The executor is responsible for the estate and its property. He could have them evicted. Read More
The executor of an estate is entitled to compensation. They provide a full accounting of their hours and the activities, with the bill, to the court. If the court finds it reasonable, the executor may collect the money from the estate. Read More
Yes, and they frequently did. For example, Shakespeare left most of his property to women: his wife (who had an entitlement to the estate through dower law but was also given a gift in the will), his two daughters (one of whom was an executrix of the will) and his sister Joan Hart, to whom he gave their childhood home. Read More
Can an executrix have her own daughter help inventory the estate and then tell her she can take anything she wants?
not legally, no. If you think your executrix is skimming, and you have standing, tell the court and have her replaced. The stuff isn't hers, she's just the custodian. Read More
If the property was part of the estate then the proceeds are also part of the estate. Read More
The correct office that the daughter could apply for is 'Administrator'. An 'Executor' is only appointed when there is a will. Read More
If the property is in the estate, the estate is responsible for them. You are entitled to be reimbursed if you have paid them for the estate. Submit your claim to the executor. Read More
If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way… Read More
If an estate property requires significant repairs who pays for them the estate or the person inheriting the property?
The executor is responsible for maintaining the value of the estate. That includes insuring that repairs and maintenance are done on the property. Until the property is transferred to the inheritor, it is the responsibility of the estate. Read More
The owner of the property must grant a life estate to you. The owner of the property must grant a life estate to you. The owner of the property must grant a life estate to you. The owner of the property must grant a life estate to you. Read More
You don't, only the owners of the property can change the deed. In this case, the executor of the estate will have to change the title. Read More
Is it possible for the executrix of an estate to file corrupt bankruptcy for that deceased individual?
An executor cannot file for bankruptcy in the name of the decedent. Read More
Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work. Read More
While the estate is still open, the property will become part of the estate and will be distributed under the provisions of the will or as intestate property. Read More
The executor of an estate died. An alternate executrix was named in the will. Does the estate become part of the executor's estate?
No. The property is not a part of the estate of the executor. The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve. No. The property is not a part of the estate of the executor. The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as… Read More
Suppose the testator left all her property IN TRUST with the profits to be paid over by the trustee to her son during his life, then the property would pass to HIS children at his death. In that case, the son would have an equitable life estate. If the testator granted her son the right to use the property and receive the profits from it during his life with the property to go to his… Read More
A fact that, if known, may have triggered a purchaser or seller of property to make a different decision in relation to the purchase of the real estate. Read More
Some people have an Executor (male) or Executrix (female) in their Will to take care of these duties. Other people have "Trust companies" that will do it as well for a fee. Both parties have to probate the Will to be sure all debts including property and personal taxes off and the residue that is left after that is the total amount of the Estate. Marcy Read More