yes Answer: Not if the estate was filed in the probate court and she was the duly appointed executor. An executor can't operate in secret if the other interested parties are on their toes. That would be grounds for removal and besides that, everything an executor does is public information. At several stages in the administration of the estate the executor must provide proof of service to the court. That means that the executor has to prove to the court that she provided notice of her activities to the interested parties. Also, probate records are PUBLIC records and anyone can go to the probate court and inspect the papers in the file. If you can't go yourself, you could call the appropriate court and to request copies of any documents filed.
Generally, an executor is in a fiduciary position and thus prohibited from using the assets of an estate for personal use. It should be reported to the court immediately.
No, the beneficiaries receive the estate. An executor could be a beneficiary
The executor should operate in the estate's best interests.
Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.
No, an executor cannot sell estate property without obtaining approval from all beneficiaries.
That is one of their jobs. They have to notify all the beneficiaries.
Banks typically do not notify beneficiaries directly when a person passes away. It is generally the responsibility of the executor of the estate or the deceased's family to inform beneficiaries about their inheritance. However, some banks may provide information to beneficiaries if they inquire about the status of an account after the account holder's death. Policies can vary by institution, so it's advisable for beneficiaries to check with the specific bank for guidance.
The executor has no power over the beneficiaries. The executor is responsible to the probate court for the administration of the estate. They must make a full accounting to the court.
There are no residency requirements for being executor. The beneficiaries do have to be citizens of the US.
The executor is breaching their duties. They have no control over the estate prior to the testator's death.
The executor of an estate has the authority to manage and sell estate assets, including real property, but they must act in the best interest of the estate and its beneficiaries. While the executor has significant discretion in deciding which offers to accept, they typically must consider the wishes of the beneficiaries and any relevant terms outlined in the will. Ultimately, transparency and communication with beneficiaries are crucial to ensure a fair process.
If the power to sell real estate was granted in the will then the executor has the power to sell it. However, if ALL the beneficiaries agree that the property should be retained they should insist the property not be sold. Remember that the beneficiaries own the real estate. If the executor proceeds to try to sell the property the beneficiaries should petition the court to review the matter ASAP.