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Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.
Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.
Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.
Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.
What else can I help you with?
How long does an executor of estate have to sell home in the will to be split between heirs?
There is no set time frame. They are required to do their best to get the most value for the property as possible.
Is it the executors right to pick the auctioneer that sells an estate?
That is within the responsibilities of the executor. They are responsible for the sale of the estate. As such they can do it through auction or private sale, as long as it goes for at least market price.
Is there a time-line on how long a property can be held before it is sold and money is divided between heirs?
There is no universal timeline for how long a property can be held before it is sold and money is divided among heirs, as this can vary based on state laws, the terms of the will, and the specific circumstances of the estate. Typically, the executor of the estate is responsible for managing the property and must act in the best interests of the heirs, which may involve selling the property relatively quickly or holding it for a longer period if necessary. It's often advisable for heirs to communicate and reach an agreement on the timeline, while also considering tax implications and market conditions. Consulting with an estate attorney can provide clarity on specific legal obligations and timelines.
Does a estate property have to be sold?
No, as long as the debts are resolved without having to sell it, it can be transferred to the beneficiaries.
What does life estate mean?
Life estate is an interest in real property. It is measured by the life of the person that it has been granted to. As long as they are alive, they have that right in the property. Once they die, it ceases to exist and goes to the remainderman, the person listed to get it after their death.
In North Carolina can someone besides the executor of the will put the land up for sell as long as they are a beneficiary?
Real property can only be sold by the executor of the estate. A beneficiary is not allowed to sell the property.
Can the executor sell property without all beneficiaries approving in Virginia?
The executor of an estate always has the ability to sell property if allowed by the will. As long as the court agrees, the desires of the beneficiaries is secondary.
Can the executor of the estate buy your portion out?
If you wish to sell it to them. You are not under any obligation to do so.
Can executor of an estate legally rent real estate out named in a will when one heir will not give permission?
An executor that is also the only heir doesn't need to by property of the estate; he (or she) will get it all anyway. If you're asking "Can I buy Grandma's house from her estate for a dollar instead of selling it for a fair price so her estate can repay its creditors?" then no, that would be illegal. A decedent's debts must be paid before any property can be distributed to the heirs. If the property must be sold to pay creditors it must be sold for fair market value. In that case, the heir can purchase the property for FMV and pay the debts through the estate or pay the debts from their own funds so they can inherit the property free and clear. You should obtain advice from the attorney who is handling the estate.
Can an executor transfer the decedent's property into their own name under a executor deed?
You haven't included enough detail. Self dealing by a fiduciary is against the law.The executor must be appointed by the court and then must follow the provisions in the will and state probate laws. The provisions in the will should include what to do with the real estate. In order for an executor to transfer title to real estate they must have that authority granted in the will. If the authority was not granted by the testator the executor must apply for a license to sell the real estate and before it grants the license to sell the court will examine the proposed transfer.
Sister died leaving property to her mom. Before sister's probate was completed Mom died. Can Mom's executor deed the property to himself if Mom's will gives all her property to her son?
Generally, Mom's estate must be probated in order to pass title to the real estate. As soon as her will is allowed and the executor is appointed the title to the real estate passes to her son if that was set forth in her will. The executor can't convey the real estate contrary to the provision set forth in the will. As long as the will was probated the son owns the property. If the executor "deeded" the property to himself and he is not the son then that deed is null and void. You should seek the advice of an attorney.
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 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 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 long as they are willing to serve.
Can an unpaid executor get paid for gasoline expenses?
As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.
Can an executor who is also a benficiary buy real property from an estate?
As long as it is properly approved by the probate court. There will have to be documentation of legitimate valuation and payment.
Can i become executor of an estate after my father's death?
There is no reason you cannot become executor of an estate as long as the court agrees. As long as you are 18 or older, you can serve in that capacity.
Is quit claim deed valid only when grantor dies?
If the owner of the property is deceased their estate must be probated in order for the heirs or estate representative to obtain legal title to their real estate. The executor must submit the will to the probate court for allowance. The court will examine the will to make certain it is valid and if the will is allowed the court will appoint the executor as long as there are no objections to the appointment. The executor will have the authority to transfer title to the real estate once the debts of the decedent have been paid. The executor may be required to obtain a license to transfer the property unless that power was granted in the will. You should consult with an attorney who specializes in probate law in your jurisdiction.If the owner of the property is deceased their estate must be probated in order for the heirs or estate representative to obtain legal title to their real estate. The executor must submit the will to the probate court for allowance. The court will examine the will to make certain it is valid and if the will is allowed the court will appoint the executor as long as there are no objections to the appointment. The executor will have the authority to transfer title to the real estate once the debts of the decedent have been paid. The executor may be required to obtain a license to transfer the property unless that power was granted in the will. You should consult with an attorney who specializes in probate law in your jurisdiction.If the owner of the property is deceased their estate must be probated in order for the heirs or estate representative to obtain legal title to their real estate. The executor must submit the will to the probate court for allowance. The court will examine the will to make certain it is valid and if the will is allowed the court will appoint the executor as long as there are no objections to the appointment. The executor will have the authority to transfer title to the real estate once the debts of the decedent have been paid. The executor may be required to obtain a license to transfer the property unless that power was granted in the will. You should consult with an attorney who specializes in probate law in your jurisdiction.If the owner of the property is deceased their estate must be probated in order for the heirs or estate representative to obtain legal title to their real estate. The executor must submit the will to the probate court for allowance. The court will examine the will to make certain it is valid and if the will is allowed the court will appoint the executor as long as there are no objections to the appointment. The executor will have the authority to transfer title to the real estate once the debts of the decedent have been paid. The executor may be required to obtain a license to transfer the property unless that power was granted in the will. You should consult with an attorney who specializes in probate law in your jurisdiction.
How long does an executor of estate have to sell home in the will to be split between heirs?
There is no set time frame. They are required to do their best to get the most value for the property as possible.
