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If the executor asks a lower price for a property than the joint beneficiary wants what are the rights of the beneficiary?
The executor has a duty to the estate to bring the best possible price for the liquidation of the assets. The executor will list the property for what it is worth, not what the beneficiary wants.
Does an estate have to sell real property to meet a beneficiary's claim of assets?
If there are specific items given out, the executor must give it to those individuals. A beneficiary doesn't normally have a claim against the estate. All debts have to be resolved before distribution.
What kind of insurance policies are subject to executor's fees?
Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.
can an executor override rest of his siblings?
An executor is responsible for carrying out the wishes outlined in a will, which typically includes distributing assets as instructed. In general, an executor does not have the authority to override the instructions of the testator or make decisions that go against the will's provisions. The executor's role is to fulfill the wishes of the deceased individual as outlined in their will.
What do contingent beneficiaries mean and how do they impact the distribution of assets in a will or insurance policy?
Contingent beneficiaries are individuals who receive assets from a will or insurance policy if the primary beneficiary is unable to do so. They impact the distribution of assets by providing a backup plan in case the primary beneficiary cannot inherit the assets.
Can your family member who is executor and beneficiary of estate refuse to pay deceased debts?
The executor cannot refuse to pay properly documented debts. They do not have to pay them personally, the money comes from the estate. If there isn't any money, they show the court the assets and distribution and the estate is closed.
Can an executor decide the distribution of assets among beneficiaries in a will?
Yes, an executor is responsible for distributing assets according to the instructions outlined in the will. They must follow the wishes of the deceased as specified in the will when distributing assets to beneficiaries.
Does the executor of a will have the final say in all matters related to the distribution of assets and execution of the will?
No, the executor of a will does not have the final say in all matters related to the distribution of assets and execution of the will. The executor is responsible for carrying out the instructions in the will, but they must follow the legal guidelines and may need to seek approval from the court for certain decisions.
What are the executor's responsibilities re sharing knowledge of deceased person's assets in detail prior to distribution?
The executor has to inventory and value all assets. They have to provide a full accounting to the probate court.
Can a person be executor and beneficiary of insurance policy and sole right to the insurance money?
Yes. Insurance proceeds, unless the beneficiary is the estate, are payable directly to the person who is named as the beneficiary beneficiary. As such, the policy proceeds pass "outside" of the estate and do not become a part of it. If the same person who is the named beneficiary of the policy is also the executor of the estate, he/she is required to carry out the directives of the Will. This includes paying legal debts of the deceased, ensuring protection of the value of the assets of the estate, and distributing the assets as directed in the Will.
Can an executor keep a death benefit by law without being named as a beneficiary?
The court appointed Executor of a will is entitled to payment or monetary compensation for taking on the task of performing the executor's duties. Generally, there is a statutory rate depending on where you are located. A death benefit that has no named beneficiary would be paid over to the estate. The Executor can pay herself the statutory rate out of the assets of the estate the same as payment of any debt, before any assets can be distributed to the heirs.Apart from statutory compensation that is reported to the court, the Executor is not permitted to simply take any assets and convert them to her own use.
What is distribution in kind?
Distribution of asssets "in kind" generally means that the asset itself is distributed to a beneficiary as opposed to the asset being sold with the cash being distributed. An example is where an estate has physical assets like stock certificates or real estate. The beneficiaries can normally request that they get the certificates or property (in kind) or that those assets be sold by the executor with the cash being distributed.
