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What else can I help you with?
As executor can you deduct personal expenses to administer an estate from your personal taxes?
Not if they are reimbursed from the estate. If not, they may be eligible to be credited against the inheritance income.
Can you cash an inheritance check and still sue the executor?
Yes. You can sue as long as you have a valid complaint against the executor.
Can executor rent property that has a lien against it?
Yes.
If you are the executor and heir to an estate with no will can you take a loan against the said estate property?
If you are the executor and heir to an estate with no will, you can you take a loan against the said estate property, but not right away. Lenders typically will not give you a loan on a piece of property until it is in your name.
What recourse does one have if the person named as executor in a will did not get court appointed before removing property from a home?
You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.
Is a judgment against the person or property?
The judgment is against the person, not the property.
Does a lien holder automatically get paid from an inheritance?
It depends on what the lien is against. If it is against the estate, it has to be resolved before distribution. If there is a lien against your property, your inheritance does not have to be used to pay it off, however, it could be claimed through a court order.
As executor of an estate do you have the right not to give money to an heir if you feel she was using the deceased just to become an heir?
An executor must follow the provisions in the will and for any property not distributed by the will must distribute it as intestate property according to the laws of intestacy. An executor does not have discretionary power of distribution unless that power was specifically granted in the will. An executor is personally liable for any acts that go against the will or violate the law.
Can you borrow money against your inheritance if the property sold is the only asset before the estate is finalised?
Hell no
Can an executor of an estate remove heirs from a property that is designated to be sold in the will if those heirs have paid the property taxes?
Yes, if the property was owned by the decedent and the Will provides that it be sold. In that case, the executor must carry out the provisions in the Will unless the provision is changed by a court order. It is assumed that there are other heirs besides the ones who paid the taxes on that property. The heirs who paid the taxes can file a claim against the estate for the amount they paid in taxes and they can offer to buy the property from the estate if they wish to keep it. They should speak with the attorney who is handling the estate.
Can an executor sell a property in a living trust against the wishes of the minor children?
The minor children have no standing to protest. Their guardian would have to object.
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.
