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Do you as executor have the power to override others in will?
Override? The executor of the will has a sworn duty to execute the will as written. They present the distribution plan to the court and the court approves it. They can contest the plan if it isn't equitable.
What if executor refuses to pay siblings on legal will drafted by an attorney very clear as to money being paid exactly as per will. Executor has history of abusing siblings Refuses to obey.?
First: A person is not an executor until they have been appointed by a court. Once appointed, the executor is under the jurisdiction of the court and can be reported and removed for a failure to carry out their duties quickly, efficiently and according to the law. You should petition the court to remove and replace the executor.
Can an executor of an estate take things from the home without consent from the other siblings?
The executor has full rights to properly execute the will. All distributions must be cleared by the court.
If there is property left without a will and there are several siblings do all surviving siblings have to sign or approve to sell the property in Tennessee?
No, they do not have to sign. The executor of the will has the authority to sell the property. But they must have the permission of the court to do so. The other beneficiaries will then be able to state their position. Consult a probate attorney!
Can four siblings over rule another with the sale of deceased parents house?
The executor, with the permission of the court, decides. While the wishes of the beneficiaries will be considered, the estate takes precedence over their wishes.
Do you as executor have the power to override others in will?
Override? The executor of the will has a sworn duty to execute the will as written. They present the distribution plan to the court and the court approves it. They can contest the plan if it isn't equitable.
Can an executor get any of the computer equip he wants before the siblings?
The executor is supposed to execute the terms of the will. If the will says that "person X" gets any computer equipment of the decedant's that he wants, with the remainder going to the siblings, then person X gets it, whether person X is the executor or not. If it says the computer equipment goes to "the siblings", then that might be a gray area if the executor is one of the siblings, but usually an equitable distribution is implied, so the executor can't say "I'll take the Cray YMP, and you can have the Apple II". An executor who violates the terms of the will is acting in bad faith, and you should retain a lawyer to file a complaint with the probate court.
Does an executor need signatures from his siblings to release his property share?
The person named as the executor of a will does not need the signature of siblings to perform this function UNLESS they too are named as executors in which case the signatures of ALL the executors are required to dispose of the estate.
What if executor refuses to pay siblings on legal will drafted by an attorney very clear as to money being paid exactly as per will. Executor has history of abusing siblings Refuses to obey.?
First: A person is not an executor until they have been appointed by a court. Once appointed, the executor is under the jurisdiction of the court and can be reported and removed for a failure to carry out their duties quickly, efficiently and according to the law. You should petition the court to remove and replace the executor.
What should yo do if the executor of will wants to buy siblings out but not fair price?
Petition the probate court for a new executor. They will most likely appoint a neutral party.
Can an executor of an estate take things from the home without consent from the other siblings?
The executor has full rights to properly execute the will. All distributions must be cleared by the court.
Can the executrix live indefinitely in the house pay the mortgage without selling or assuming the mortgage even if the 3 other siblings may get money until the house does get sold for enough profit?
No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
If there are 3 siblings appointed as executors and 1 disagrees what happens?
I am assuming that the oldest executor will take charge
What should you do if executor of mother's will wants to buy siblings out but not at fair price?
Do not sell to them. They can also apply to the court to have a neutral executor appointed. All valuation should be at a fair market price.
Does a majority vote of heirs in an estate override an executor?
No. Not unless that power was granted in the Will. Otherwise, an executor is appointed in an estate in order to avoid such types of interference by the heirs. The court appointed executor has the legal authority to carry out the provisions in the Will and according to the probate laws for any property not mentioned in the Will. The heirs generally have no say in those matters.
How do siblings file for parent assets after death with no will?
Petition the court to open the estate. They can ask that one of the children be appointed as the executor. The court will issue a letter of authorization to the executor to inventory and clear out the estate.
How can you stop your sister benefiting from her position as an executor when all siblings are supposed to have an equal share?
kiss her and tell her how you feel
