No, they cannot force the executor to sell assets. The executor is responsible for closing out the estate and settling debts. Then the distribute the assets.
The executor of the estate is able to sell assets of the estate.
You do not have to do it out of your own pocket in New York. If you are the executor of the estate, yes, insomuch as there are assets to pay them with. If the debts exceed the assets, you may have to sell the house or other assets.
Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.
Or you have to sell the car and settle the loan.
The home belongs to the bank if there is money owed. The person who is to carry out all the wishes (executor) from the parent's will must either use other assets to pay the mortgage off or sell the house and pay the mortgage, keeping any profit. The bank will not clear the debt until it is paid, they will take the house by force if needed.
The executor of the estate is able to sell assets of the estate.
No, an executor cannot sell personal property that does not belong to the estate. The executor's authority is limited to managing and distributing assets that are part of the estate according to the deceased's will or state law. Selling property that is not owned by the estate could lead to legal consequences and potential liability for the executor. It is essential to properly identify and verify the ownership of assets before any sale.
That is the job of the executor. The sale of assets is one of the jobs.
You do not have to do it out of your own pocket in New York. If you are the executor of the estate, yes, insomuch as there are assets to pay them with. If the debts exceed the assets, you may have to sell the house or other assets.
If the stocks are part of the estate's assets and there is a legitimate reason for selling them, such as to pay off debts or distribute assets to beneficiaries, then yes, the executor can be required to sell the stocks as part of their responsibilities. However, the specific requirements and circumstances may depend on the laws governing estates in the relevant jurisdiction and the terms of the will or estate plan. It is advisable to consult with a probate attorney for guidance in such situations.
Not directly, but indirectly. If you are the executor of the estate, yes, insomuch as there are assets to pay them with. If the debts exceed the assets, you may have to sell the house or other assets.
Certainly, that is the duty of the executor, to settle the estate, which includes liquidating assets to cover debts and distribute the proceeds in accordance with state law.
First, the executor must be appointed by the court. The executor must dispose of the estate assets according to the provisions in the Will. It is common for the power to sell real estate to be granted in the Will. If not, then generally, the executor must obtain a license from the court. In some states the executor has inherent power to sell real estate. Generally, the executor does not need permission from the beneficiaries to act. They derive their authority by their court appointment and under state laws that vary from state to state.
If the value of the assets greatly exceed the allowable exemptions, then yes they can be seized.
The estate is responsible for the debts. The debts must be paid by the executor before any assets can be distributed. If the executor distributes any assets while the debts are outstanding, she/he may be personally liable. If there are no assets the estate is declared insolvent and the creditors are out of luck.
If property is left to a beneficiary in fee simple, the executor generally cannot sell it without the beneficiary's consent. A fee simple interest means the beneficiary has full ownership rights, including the right to occupy or sell the property. The executor's role is to manage the estate and distribute assets according to the will, but they do not have the authority to sell property that has already been transferred in fee simple to a beneficiary. However, if the will allows for it or if the estate needs to settle debts, the executor may seek court approval to sell the property.
Once you have been appointed executor by the court you can sell the property under certain circumstances. Assuming the real estate was not specifically devised in the will, generally, if you were given authority to sell the real estate in the will you may sell without license of the court. If the authority was not granted in the will then you will need to apply for a license to sell the real estate.