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No. If the beneficiary dies their estate must be probated in a separate action.

No. If the beneficiary dies their estate must be probated in a separate action.

No. If the beneficiary dies their estate must be probated in a separate action.

No. If the beneficiary dies their estate must be probated in a separate action.

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14y ago

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Can executor of a trust write checks to pay bills?

The executor is responsible for settling the estate. That will include writing checks to pay bills. In most cases they will create an estate account to handle these items and be able to provide a complete accounting to the court.


A person appoints a child as executor of the estate. is executor of estate required to list assets after that person dies?

That is one of the duties of the executor. They have to inventory the assets and debts of the estate. Then they will be able to liquidate the debts and distribute the assets.


How do you sell stock of deceased parent?

The executor of the estate is able to sell assets of the estate.


What if executor is physically ill and not able to handle the burden of executor?

They can decline the responsibility. The court will assign someone else to be executor.


Can you transfer a property that is willed to you in NY State without putting property in your name?

You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.


How does one collect an inheritance?

You need to talk with the executor of the estate. The probate court should be able to assist you in locating who has been appointed as executor.


Should sibling who is executor and is inheriting estate residual be able to get executor fees from other sibling who is inheriting most of estate in real estate?

Yes. There is a lot of work and responsibility involved in being the executor of an estate. The one sibling/beneficiary who is appointed should not be reqired to work for the other beneficiary for free. In some cases the executor may not charge the statutory fee, however, they should not be expected to work for free. The executor fee should be paid from the estate. If one of two sibling is inheriting real estate then they should make a cash contribution equal to one-half of the executor's fee.


What do you do if a parent dies and there is no will?

Open an estate. The courthouse will usually be able to provide the packet of papers required to file. The court can appoint an executor and the estate will be inventoried and distributed after the payment of debts.


Can a surviving spouse file bankruptcy for a decease spouse?

The executor of the estate can do so. It is more than possible for the estate to not be able to pay all debts.


Can the executor of an estate file a wrongful death lawsuit on behalf of the estate?

Yes the executor can certainly bring a lawsuit. There is no requirement for there to be heirs to the estate to bring the suit. The estate may have many debts to settle, including medical bills and be able to use the money.


Are you able to draw money from your deceased mothers estate before probate is complete?

The executor is capable of doing so. As long as it is obvious that all the debts can be resolved, the executor can make distributions.


Can you hire an attorney to challenge an Executor's decision regarding the estate?

In the United States you can if the executor is not performing the functions of an executor properly. An executor can be sued to either remove him as executor, to surcharge him for losses he may have caused to the estate or to force him to do what he is supposed to, like transferring assets. If an executor causes monetary losses to the estate, he can be sued to make him reimburse the estate for the losses either from his own pocket or from his statutory commissions. All states in the US have statutes that govern the duties of executors and spell out the remedies beneficiaries and third parties have.