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Can an executor of a will distribute assets before probate is completed?
No, an executor of a will cannot distribute assets before probate is completed.
Can cd's be cashed in that belong to a dead person before the will is probated by the executor?
Most states require filing of probate as a first step in appointment of the executor, which then gives the executor the power to collect and appraise the property of the estate and liquidate the portfolio for distribution.It depends on what you mean by "probated." Probate includes the entire process, which can last for years, until all assets are distributed. "Before the will is probated" could be taken to mean "before probate is filed", or "before everything required under probate is completed."So, technically yes, if the latter, because an executor has the power to do that DURING the probate of an estate. However, if the probate has not yet been filed, nobody has the power, as it died with the owner. Many elderly have ownership of such things placed into joint tenancy with right of survivorship, so that another person can immediately access the funds without probate.
In WI does said named executor have rights before the will is admitted to the court and if said executor does not open probate does he still have rights to execute the will?
No and no.
Can a daughter take goods before probate is granted?
The daughter is not authorized to remove property before probate. They can be charged with theft and the executor has the right to demand its return.
Can you get access to your deceased brother's apartment to gather his personal affects before probate closes?
Yes, if the executor grants permission. They are going to have to gather the affects and inventory them for the estate valuation.
Can the executor disperse money to those persons in the Will without a lawyer?
The executor has no authority to access any accounts until they have been appointed by the court.Once the executor has been appointed by the court they must settle the estate according to the provisions in the will and the state probate laws under the jurisdiction of the probate court. If the executor doesn't follow state laws they will be personally liable for any errors. One of the most important rules to follow is that the debts of the decedent must be paid before assets can be distributed to the heirs. An estate should be supervised by an attorney unless the executor is familiar with probate law.
What can you do about your brother who is executor of your aunts estate and cleaned out her safety deposit box the day after she died before the will has been filed for probate?
Ask him for an itemized accounting of everything that was found in the box and where it went. Also ask him to produce bank records of who owned the box on the date of her death, who had access to the box, when the box was recently accessed, and who signed for access each time, especially after the aunt died. (Someone with durable power of attorney might clean out the box just days before death.)Unless the box was in joint ownership (at time of death), access to the box prior to probate and appointment of the executor would have to be limited to a search for the will, usually witnessed by the bank manager, to make sure nothing else was removed until the will is proven, the executor named, and powers issued by the probate court (i.e., personal representative papers).
After an estate is closed how long does it take to get your money?
The length of time for probate vary by county and state to state. But, mostly it depends on the executor as to how efficient they are in doing their duties after the probate process is complete. Find out who the executor (or admnistrator) is and ask them how long it will be before they start distributing the estate. ( You can find out who the executor is by viewing the will at your local Probate Court.)
How does an executor of an estate buy a car from the estate before probate?
They can certainly do so during the probate process. But a fair market price must be paid for it.
Are you able to draw money from your deceased mothers estate before probate is complete?
The executor is capable of doing so. As long as it is obvious that all the debts can be resolved, the executor can make distributions.
Can an executor transfer the decedent's property into their own name under a executor deed?
You haven't included enough detail. Self dealing by a fiduciary is against the law.The executor must be appointed by the court and then must follow the provisions in the will and state probate laws. The provisions in the will should include what to do with the real estate. In order for an executor to transfer title to real estate they must have that authority granted in the will. If the authority was not granted by the testator the executor must apply for a license to sell the real estate and before it grants the license to sell the court will examine the proposed transfer.
The executor is responsible for maintaining the value of the estate. Does that includes insuring that no one removes goods before they are properly inventoried and valued?
Yes. And remember that an executor has no power or authority until they have been appointed by the probate court. Once appointed, they must distribute the assets according to the provisions in the will and according to the state probate laws under the jurisdiction of the probate court. The debts of the decedent must be paid before any property is distributed.
