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If your father owned real estate in his own name when he died you must present the Will to probate court to have it allowed and to be appointed the executor. That is the only means by which the title to the real estate can be legally transferred to you. Also, if he had bank accounts in his own name, your appointment as executor will provide legal access to those accounts. If there is a simple estate involved perhaps the court staff will assist you in filing the documents yourself. If more complex then you should seek the advice of an attorney.

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17y ago

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If property is left to a beneficiary in fee simple can the executor sell it?

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.


Does a son named as beneficiary become executor if the deceased died intestate?

You have conflicting legal terms in your question.An executor is appointed when the decedent left a will.Intestate means that the decedent died without a will. If the son was the "named beneficiary" as you stated then there must be a will.The son can petition the court to be appointed the executor of the will.If there is no will some qualified person must petition the probate court to be appointed the Administrator of the estate. The son would be a qualified person.


Who pays the taxes on a house that is left to a beneficiary if the will is still ongoing?

It is up to the executor of the will to keep taxes, insurance etc. current.


Can an executor force a beneficary to release monies left to them?

The monies are not the property of the beneficiary until the executor has released them. Any assets of the deceased have to be provided to the executor for inventory and valuation. Only once the debts have been settled can things be released.


How can you find out if someone left insurance policy and named me as the beneficiary after they passed away?

if someone died and left an insurance policy and named me beneficiary how can i find out


Does the executor of will have the right to give out life ins payout?

Possibly. First, if the policy states that the proceeds go to a specific named beneficiary, then the executor has no authority at all over it. In fact the executor has no right to even collect it for that beneficiary. Second, if the policy is payable to the estate, then the proceeds are to be distributed according to the terms of the will, not his own choices. Sometimes insurance is payable to an estate if the decedent names his estate as the beneficiary (highly unlikely) or if the named beneficiaries hav predeceased and there is no one left to receive the proceeds (it does happen but rarely).


When someone died how do you know if he left anything in the will for you?

Typically, the executor of the deceased person's estate will inform beneficiaries mentioned in the will. If you suspect that you may be mentioned in a will but have not been notified, you can inquire with the executor or contact the estate lawyer handling the matter. Additionally, wills are usually filed with the probate court, so you could check there to see if a will exists and if you are named as a beneficiary.


What if your father is the sole executor of a will his father left and you would like to know if he dies can your mother become the sole executor?

Alternate ExecutorsThis will depend on the Probate [sometimes called "Succession"] law of the state in which the deceased [who assigned your father as executor] lived, and thus the will was probated.Usually, the will for which your father was named executor will have a statement naming an alternate (s) executor in the event the named executor [your father in this case] is unable, for any reason, or unwilling to serve in that capacity.If there was no provision for appointing an alternate executor then the Probate law of the state in which the deceased lived will determine the assignment of a new executor.In this type of situation, it would not be uncommon for your mother to be named by the Probate Court as the replacement executor [called an "executrix" in the case of a female].


Who tells you if your father left something for you?

Either the Executor of your father's estate or, if he died intestate, the Probate Court. They are required by law to make a diligent effort to locate any heirs and notify them of, not only the death, but of any possible inheritance.


How can you find out if a person left you something in their will?

You can find out if a person left you something in their will by requesting a copy of the will from the executor of the estate or the probate court where the will was filed. If you believe you may be a beneficiary, you can also contact the deceased's lawyer to inquire about any bequests to you.


When a person dies and has life insurance is there a way to find out how much money was left to the beneficiary if you are not the beneficiary?

I believe if you are the personal representative or executor of the will you would need to contact the life company providing them with original death certificate and probate papers and you ought to be able to find the worth out


Can a will be changed if the executor dies My grandmother cut us grandchildren out when my dad died. are we still entitled to the estate?

The death of an executor does not affect the will. The will is followed by the executor who reports to the court. If the grandmother left the children out of the will, they will not be entitled to anything.