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You deeded your home to your children and retained a life estate can they sell the home if you agree and sign off?
Dawne32
Yes. If you join in the deed by signing it with language added that you are releasing your life estate the property can be sold free and clear of your life estate.
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∙ 14y ago
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Is there a way to become administrator of an estate if the children of the deceased cannot agree?
Yes, in such cases the court will often appoint a neutral third party, such as an attorney or a bank.
Co-administrator of estate?
The co-administrator of an estate has as much equal access to the estate as the administrator. If property or the estate needs to be divided, the parties will need to agree.
Can a vehicle in an estate be taken to a dealership if all heirs do not agree?
The executor determines what will occur. While they will normally attempt to agree with the wishes of the beneficiaries, they are responsible for resolving the estate and its debts.
What would be a real estate example of discharge from contract by agreement?
If both parties agree that they do not want to pursue the contract for the purchase and sale of real estate they can mutually agree to void the contract.
Can an executor sell house against wishes of beneficiaries if liquidation of the house is not necessary to cover estate expenses or taxes?
If the power to sell real estate was granted in the will then the executor has the power to sell it. However, if ALL the beneficiaries agree that the property should be retained they should insist the property not be sold. Remember that the beneficiaries own the real estate. If the executor proceeds to try to sell the property the beneficiaries should petition the court to review the matter ASAP.
Does the courts take over or appoint an administator of and estate in the case of 2 siblings not agree on one The estate in question has no will?
The court will appoint an executor, at the expense of the estate.
If there are seven heirs to an estate and one goes and appoints their-self as administratrix to the estate isn't there a petition involved for the other heirs to agree to this person who was appointed?
Yes everyone has to sign papers and agree on a person that will administate the estate and setle it and see to that the wishes said in the will are carried out.
In New York does an entire estate always pass to the surviving spouse or can a will specify that it be split among the spouse and children?
1 Check with an atty Hopefully the decedent had a valid will 2 I was told by an atty for my fathers estate that the surviving spouse cannot be excluded from an estate however children can .Some parts of a persons estate will automatically go to the surviving spouse. It all depends on what in in their estate. Real Property , cash insurance stocks bonds etc , and each item is dealt with separately by law in NYS -I was also told that no matter what the will says if all heirs agree on a different settlement and petition the court for such agreement , the court will agree to the amended settlement.For example if there is a surviving spouse and 3 children and one child does not want their share of their inheritance for any reason (say they don't need/want the money for example) they can give their share to the other siblings and the surviving spouse to be shared . If the spouse and siblings agree they can all petition the court and the court will allow the declining child's share to be split up
What to do if more is owed to creditors than is in the estate?
Lay out a plan of distribution and get the court to agree to it.
Can the executor of an estate borrow against the estate with the informed consent of all beneficiaries?
Yes, as long as all beneficuiaries agree. It is a simple loan agreement.
Do you agree that young children should be exposed in pornographic matrials?
We all agree that they should not.
My mother died without a will. There is five children and a large piece of property. How do we determine who is named to take care of the estate?
Any way you wish to do it. The law will specify how things are to be divided. If they do not agree on an executor, the court will specify someone.
