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What rights does a sibling have to ask to see deceased parents bank accounts from the executor?
yes he/she is allowed
Recently my brother passed away he had no will and he had a child who is a minor and he wasn't married who would be the executor of his estates?
Generally, his parents could petition for administration. If that is not practical then a sibling. You need to check the laws of your state for a definitive answer. You should contact a probate attorney for advice.
Can a sibling claim themselves as executor of your parents estate without your consent if there isn't a will?
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.
Can brother executor prevent sibling from entering father's home?
Yes, until the estate is settled and the distribution has been made according to the terms of the will the executor is responsible for collecting and protecting the assets of the deceased. They may feel the need to keep others from removing property prior to distribution.
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.
If a home is left to siblings in a will can executor silbling set sale price to sell to other sibling?
Yes, the executor of the estate can make decisions such as this. it is usually best to talk it through if you are on good terms with your sibling.
I'm executor of my parents will. A sibling was added later as co-executor. Their intention was for the co-executor to assist me but for me to have final approval. Is that true or are we now equal?
You are not the executor until you have been appointed by a court. Court appointed co-executors generally work together as a unit unless other intentions are clearly stated in the will. You need to seek clarification from the court.
Can an executor find ways to keep one of his sibling from receiving an inheritance as outlined in the will by directing executor fees toward that sibling's allotment or other methods?
No. An executor cannot take his fees from one beneficiary's share of the estate. He must follow the instructions in the will. He must perform his duties honestly and according to the law. The debts and costs of probating the estate come out of the assets first. If there is not enough left to pay the full amount of the legacies then they must be pro-rated equally. The executor cannot discriminate against one beneficiary.
Can an executor hide information from a sibling?
Generally, the status of a person as a "sibling" is not relevant. What is relevant is whether that sibling is or is not a beneficiary under the will. An executor has an obligation to give information to the beneficiaries of the estate as named in the will, not to all the decedent's relatives. If a sibling (whether it is a sibling of the decedent or of the executor) has no interest in the estate, he/she has no rights to information about the estate. In some jurisdictions, an executor might be required to simply give that sibling notice of the probate of the will, even if the will gives that sibling nothing, but only if that sibling would inherit some part of the estate in absence of the will. As with all legal questions, the specific answer may differ from state to state depending on that state's laws. So you must check those laws to get the precise answer.
Can an executor of an heir eviction a sibling from property that they live in of the deceased?
They do have that ability to have them removed. The property belongs to the estate and the executor is responsible for it. They can rent or sell the property.
How do you select an executor for a family trust and will?
You select a person that you trust. Often people will make their spouse or sibling an executor. Others prefer to leave it in the hands of a bank or lawyer.
Can brother executor prevent sibling from living in mothers home while she is still living?
The executor has no power while the person is living. Until they are appointed by the court, they have no power.
