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Your uncle is executor and trustee and has allowed his wife to take personal items of your grandmother before allowing the beneficiaries in the house Is this legal?
Wiki User
∙ 15y ago
Your uncle is in a fiduciary position and he owes a duty to the beneficiaries to perform his duties according to the letter of the law. He is also legally bound to follow the provisions of the will and trust TO THE LETTER. He has no right to distribute any property to non-devisees. You should report his behavior to the attorney who is handling the estate or to the court that appointed him. He should be removed as executor/trustee. You can request the court order him to return any property he distributed to his wife or its value. It is unacceptable for an executor/trustee in control of property to treat that property as his own and the court will not allow it.
Wiki User
∙ 15y ago
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Can an executor spend inheritance money with out consulting the beneficiaries when those beneficiaries do not know the valuje of there inheritance?
The executor can use the money for the benefit of the estate, not for their personal use. They are entitled to payment for their services.
Can an uncle who is executor and trustee allow his wife to take personal belongings of the deceased prior to the beneficiaries?
No. Not unless his wife is a named beneficiary. If he is allowing estate or trust property to be converted he should be reported to the court and removed from his position as executor/trustee ASAP. If he has illegally removed property it should be replaced.
Should a solicitor notify beneficiaries if an executor owes money to the estate?
Generally, an executor is in a fiduciary position and thus prohibited from using the assets of an estate for personal use. It should be reported to the court immediately.
What is the procedure taken by an executor to negotiate with the beneficiaries of a will because some beneficiaries want a more fair deal according to them?
After the will has been allowed and the executor has been appointed by the court the executor is obligated by law to carry out the distribution as set forth in the will by the testator. The executor has no authority to change any provisions that were made by the testator unless that power was also granted in the will. There is no "procedure for negotiating" with beneficiaries who want a "more fair deal" than was provided by the testator. The executor needs to seek some advice from the attorney who is handling the estate. The executor needs a primer on their legal obligations and personal liability if they overstep their authority and decide to operate outside the probate laws.
Can the executor of an estate give permission to his friends to access the estate property and can beneficiaries do the same?
The Excutor is responsible for damange to all property, keeping records of spending for funeral costs, etc., out of the Estate. Technically, the only people that should be allowed on that property is the Executor and the beneficiaries or a real estate agent. Eventually the Will goes into Probate where all creditors will be paid off, all property taxes, personal taxes, etc., and what is left in the Estate will be divided amongst the beneficiaries. It is also customary for the beneficiaries (if not mentioned in the Will) to give 1 1/2% - 3% (can go up to 5%, but a judge would question this) to the Executor of the Will. Being Executor can be a tough job and lots of red tape even if the Estate is on the small side. If the Estate is small then 1 1/2 - 2% is customary, and if it's a large percent then 2 1/2% - 3%. The Executor can have friends on the premises, but is 100% responsible for any damage or missing articles from that Estate. The Executor should let the beneficiaries know, and thus, the beneficiaries should let the Executor know if they have friends on the property. It's a good idea to take a video of each room, any jewelry, art, etc. before anyone goes onto the property besides the Executor or beneficiaries.
Who is responsible for registering property left in a will?
The executor or personal representative named in the will is responsible for registering property left in a will. They are responsible for transferring the assets from the deceased owner to the intended beneficiaries according to the wishes outlined in the will.
Can executors sell a house willed to seven beneficiaries where two beneficiaries do not want it sold?
If two of the beneficiaries want to keep the property then they should try to work out an agreement with the remaining beneficiaries to buy out their shares for a fair price. However, the executor may have the power to sell the real estate. The testator often gives that power right in the will. In that case, the executor may sell the property without any license from the court. If the power to sell was not granted in the will the executor must apply for a license to sell the real estate. The two beneficiaries may object to the sale. However, they should be prepared to offer an alternative since five of the beneficiaries do want to sell. Unless they offer to buy out the other beneficiaries the court is likely to issue the license to sell.
Can a person be an executor to the estate he owes money to?
Yes. Nothing prohibits a testator from choosing a person as his or her executor simply because there is a debt between them. In the matter of who is to be the executor, courts go to great lengths to honor the wishes of the deceased. The beneficiaries will be able to challenge in court the manner in which the executor handled repayment. An executor might be held to a higher standard of proof if he or she disputes the claim in full or in part than any other creditor might be held to. In other words, although it appears that there is a conflict of interest in the executor handling his/her own claim, there are remedies available to beneficiaries to ensure proper handling of that claim that do not thwart the decedent's personal choice of the person to be the executor.
In Ohio does a personal representative named in the Will have any powers if the estate was relieved of administration no one was named executor and the case was closed?
No. In order to have any authority an executor or personal representative must be appointed by a court.No. In order to have any authority an executor or personal representative must be appointed by a court.No. In order to have any authority an executor or personal representative must be appointed by a court.No. In order to have any authority an executor or personal representative must be appointed by a court.
Do beneficiaries of estate receive reimbursement for personal expenses?
The executor may be reimbursed by the estate for out-of-pocket expenses related to the settling of the estate, such as maintaining a property (and mortgage payments) until sale, clean-up costs, etc, and may be paid a minimal hourly fee for some such work. The funeral home is typically the first debt paid from the estate, ahead of other debts and ahead of the named beneficiaries.But neither the executor nor other beneficiaries are not entitled to reimbursement by the estate for personal expensessuch as travel to funeral, hotel, restaurants, new suit, etc. Those are personal expenses which are voluntary on the part of the bereaved and unrelated to the estate.On the other hand, many people have small life insurance policies with specified beneficiaries, intended to help with those immediate expenses. Such policies do not have to go through probate and may pay out quite quickly.
If a former patient is deceased which of the following is true?
The executor administrator or personal representative may release the recordsThe executor, administrator, or personal representative may release the records
What is the difference between executor and personal representative?
An executor is the person appointed by the court to carry out the provisions in a Last Will and Testament.A personal representative has two meanings: a person who manages the financial affairs of another person or the person appointed by the court to settle an estate. The court-appointed personal representative is an executor if there is a will or an administrator if there is no will.
