0
As a general rule (which might vary from jurisdiction to jurisdiction), an executor takes his/her power from the will, not from any official act pertaining to the will. As such, an executor can dispose of assets effective immediately upon the death of the 'testator.' ==Clarification== Generally, in the United States, legal title to property does not pass to the heirs until the estate is probated. An executor has no power to sell assets, especially real estate, until they have been duly appointed by the probate court. The will must be presented to the court for "allowance". Briefly, there is a statutory period during which interested parties may make objections to the appointment or contest the will. If there are no objections the executor is appointed and issued "Letters Testamentary" which give the executor the legal power to perform such duties as access bank accounts, make insurance claims, settle debts, settle any pending lawsuits, distribute personal property according to the will, etc. There is a statutory period during which creditors must file a claim. The debts of the estate must be paid before any assets can be distributed. Generally an executor can only sell real estate if that power was specifically granted in the will or if the court issued a license to do so.
What else can I help you with?
Can a co executor sell a house that is still in probate and possible a pending forecloser?
With the permission of the court, certainly. And you can't get out of probate until something is done with the house.
Would the executor write the cheque out from sale of the house?
The executor is responsible for the sale of the house. They have a letter of authority from the probate court. That allows them to write checks and settle the estate.
Can a heir force an executor who is living probate house to take action on sale or to make payment of value of home to the heirs according to will while estate is in probate?
If the executor is acting in bad faith, certainly an heir could sue him for that.
If a house hasn't gone though probate is there a time period to retrieving a house that was willed to you?
The house MUST go through the probate process in order for title to pass to you. The will must be presented to the probate court for allowance and the court must appoint an executor. When the probate process has been completed you will be the owner of the property.
Does the executor have the right to say that things must remain in the house for her grandson?
That depends on what was written in the Will. The estate must be probated and the executor must seek appointment from the probate court.
If a person leaves a house to someone in a will can the beneficiary move in right away or have to wait for the probate court to approve the will?
Not only does the beneficiary have to wait for the probate of the will, but will most likely have to wait until the executor is satisfied that the house does not need to be sold to pay any debts of the estate. Until administration of an estate is complete, the executor has the right to possession of all estate property, including the house. If the executor wants to, he/she can let the beneficiary in the house. But even there, the person appointed as executor has no power to allow that until the will has been probated. This is because that person has no power to act as an executor until the will is probated.
I know i have to wait for Probate before i transfer the house to my name but do i need to wait for Probate before i can move into my deceased Parents House?
Since laws in different states are different, I would suggest you check with the executor or executrix of your parent's will. Failing that, you should check with a lawyer who is familiar with the inheritance laws in your state (and the state your parent lived in if different from yours).
Can a grown child live in mother house after she died before will goes to probate?
There are a number of ways for this to occur without a problem. They could be working on behalf of the executor to preserve the property. Or they could be paying rent to the estate.
Can the executrix live indefinitely in the house pay the mortgage without selling or assuming the mortgage even if the 3 other siblings may get money until the house does get sold for enough profit?
No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
If you don't trust the executive of the will and you are supposed to inherit the house should you get a copy of the will?
The estate must be probated in order for title to the real estate to pass to the heirs. The will must be presented to the probate court for allowance and the probate court will appoint the executor. No one is the executor until they have been appointed by the court. The executor will have the authority to settle the estate UNDER THE SUPERVISION the court once they have been appointed. As soon as the will has been filed for probate it will become a public record and you can obtain a copy from the court. You will be able to monitor the executor's actions by reviewing the probate file periodically. If they misbehave you can report them to the court immediately and request that they be removed.
When can you get the house deeds in your name after probate has been granted?
Once the court has approved the settlement plan. The executor can issue a new deed on behalf of the estate.
If your mothers' house is in probate after her death can the executor stop you having access to her property?
Yes, no assets or property can be taken until probate procedures have been completed. In some instances certain personal items, such as photographs can be released to family members with the permission of the executor. The executor is bound by law to protect the deceased's property until assets have been properly accounted for and debts have been paid.
