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Does an executor receive the estate?
The court appoiunted executor has control over the estate in order to pay taxes and debts and distribute the remaining property according to the will. The estate does not become their own property unless they are the sole beneficiary.
Can the estate executor who is one of the beneficiaries decide to keep a property when the other beneficiary doesnt want to own it?
Sure, but the other person doesn't have to keep it and can sell their share either to the executor or to a third party.
Who is the beneficiary for the property having no will?
Answer: In Massachusetts, if a person dies intestate (having no will) the property passes according to the laws of intestacy. (Check your own state laws.)
Does executor have right to sell house if you own half?
If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.
As a beneficiary do you own the policy after insured dies?
No. You do not own the policy. You will only receive the policy proceeds after the insured person dies.
Does a lawyer have a fiduciary duty to only the executor of estate or all the beneficiaries of said estate?
The attorney has a fiduciary-client relationship with the executor. Note that if a beneficiary believes they have a valid cause of action against the executor for mishandling the estate the beneficiary must retain their own legal representation. The attorney who is handling the estate will represent the executor.
Can a will be written by a relative who is the main beneficiary and executor and attorney of record in Oklahoma?
Anybody can write a will. However, only the individual can write a will for their own property. A power of attorney does NOT give the individual the ability to write a will for the grantor.
You are sole beneficiary to gr fathers estate but the executor wants to sell all property because you are 23 yrs old?
The estate must be probated in order for the title to the property to pass to you. There may be a reason why the executor wants to sell the property. The property may need to be sold to pay debts of the estate, or, there may be a provision in the will that directs the executor to sell the property and pay over the proceeds to you. If the property does not need to be sold to pay debts then you are the owner of the property. You are an adult and can make your own decisions. You should speak with the attorney who is handling the estate ASAP and make it clear that you do not want your property sold.
Can a brother become executor if his brother dies?
If boyfriend and girlfriend both paid for property and are both the legal owners then the girlfriend would own the property. If not then the property will go to boyfriends next of kin (closest living blood relative).
Can an executor allow a house to be foreclosed on if there is no money in the estate to pay monthly mortgage?
Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.
Can executor of will sell the property if will states property is to be divided equally among his children?
Only the children can sell the property which they jointly own. The executor cannot sell it, unless the children ask him or her to do so on their behalf.
Can executors renounce in favor of a family member who is not a beneficiary in the will?
The executor cannot "renounce or disclaim" the inheritance of any beneficiary. That can only be done voluntarily by the person who decides to disclaim their own inheritance and there are certain forms that must be used, signed and filed with the estate.The executor cannot "renounce or disclaim" the inheritance of any beneficiary. That can only be done voluntarily by the person who decides to disclaim their own inheritance and there are certain forms that must be used, signed and filed with the estate.The executor cannot "renounce or disclaim" the inheritance of any beneficiary. That can only be done voluntarily by the person who decides to disclaim their own inheritance and there are certain forms that must be used, signed and filed with the estate.The executor cannot "renounce or disclaim" the inheritance of any beneficiary. That can only be done voluntarily by the person who decides to disclaim their own inheritance and there are certain forms that must be used, signed and filed with the estate.
