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- Have the heirs requested that the executor sell.
- Was the executor instructed to sell in the will.
- Was a license to sell issued by the probate court.
- Is the estate settled.
If the executor was ordered to sell and hasn't made arrangements to market the property then you should complain to the probate court to compel them to carry out their duty or ask they be replaced. If the probate process is completed and the executor was under no obligation to sell the property, title has vested in the heirs and they can sell the property.
What else can I help you with?
What recourse do the heirs have when the Propriety has sold the money is in the bank but the executor refuses to distribute the money to the heirs?
If the period during which creditors can make a claim has passed, generally, the heirs can submit a motion to the court to compel the appointed executor to make distribution. The executor has a legal obligation to perform all their duties in a timely manner. If the executor isn't doing that then complain to the court or to the attorney who is handling the estate.
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.
Can the executor for your mother change anything in her will?
The executor has no right to make changes. The only person that can change it is the mother or the court.
Does an executor have the power of attorney to make decisions on behalf of the deceased individual?
No, an executor does not have the power of attorney to make decisions on behalf of the deceased individual. The executor's role is to carry out the instructions in the deceased person's will and manage their estate, but they do not have the authority to make decisions on the deceased person's behalf.
When a person with a reverse mortgage dies can the executor give the house to the reverse mortgage company?
The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.
Do you have to make a new will if the sole executor predeceases you the testator?
No, you do not have to make a new will. You could make a codicil to appoint a new executor, an amendment to the existing will. Or the court will appoint one when the will is submitted to probate.
Can my sister as the executor be a beneficiary?
No. Only the court can appoint an executor. You could petition the court to name your sister as co-executor but make certain you provide a good reason to support your request.
How does an executor withdraw the balance of a bank account?
When the Will is allowed and the Executor is appointed by the court "Letters Testamentary" are issued to the Executor. Those Letters set forth the legal authority of the Executor and a copy should be presented at the bank to make the withdrawal and close the account.
What is Alabama state law on the power of Executor over the beneficiaries?
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.
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 executor of an estate buy out other family members on real estate?
First, the estate must be probated and the executor must be appointed by the court. Then there are different ways the executor can purchase the real estate. They could petition the court for a license to sell the real estate with the executor as the purchaser after a fair market offer has been accepted by the beneficiaries. The executor would need to obtain the assents of all the other beneficiaries to the petition. The court would likely allow such a transfer. Another method would be for the executor could wait until the probate procedure has been completed and then purchase the property from the beneficiaries who inherited it and are now the legal title holders. Either way, the executor should consult with the attorney who is handling the estate to make certain the transfer is done properly and title is passed legally.
If the executor of a will develops alzheimer's but has a power of attorney does then the power of attorney make executor decisions?
In most cases they would not be able to serve in that capacity. The court is not likely to appoint someone with Alzheimer's to serve as executor.
