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Customs and legal provisions vary from state to state so you would need to check your local practices. Generally, an executor can only execute a deed if that power was granted in the will or if there was a license to sell real estate granted by the court. If the power to sell real estate was granted in the will, the executor may execute a deed to the devisees in order to extinguish the power to sell and to establish the tenancy desired by the grantees. If the power to sell was not granted in the will, if the will has been allowed and the period for creditors to make claims has passed then the devisees do not need a deed to prove their ownership. If the devisees desire to establish their ownership by deed and also establish a particular tenancy they can execute a deed to a straw and then have the straw convey the property back with the desired tenancy recited. In some states a straw is not necessary. You should seek advice from the attorney who handled the estate. She/he will be able to advise you regarding the local legal requirments.
What else can I help you with?
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
If a father dies and doesn't have a wife who is the executor of the estate?
The court must appoint the executor and will appoint the person named in the will by the testator unless that person declines, is deceased or is determined to be unfit by the court. In that case any one of the surviving children may petition for appointment and if there are no objections that person will be appointed executor.
Can children f the deceased challenge a will and challenge the executor in Ontario Canada?
They have the right to challenge the will and executor as possible beneficiaries.
What if Surviving spouse is executor and also creditor?
They can't be both. They can either be the executor of the will (carrying out the wishes of the deceased) - or a creditor (being owed money by the deceased). If they act as both - there could be a conflict of interest (and accusations of theft or fraud). The's far easier to have an independent person to act as an executor - then they don't have any financial interest in the deceased's will.
Is a surviving spouse automatically the executor in Illinois?
The court must appoint the executor and will appoint the person named in the will by the testator unless that person declines, is deceased or is determined to be unfit by the court. In that case the surviving spouse would be the next one considered if they petitioned for the appointment.
What is the process for transferring ownership of American Express Travelers Cheques from a deceased owner?
To transfer ownership of American Express Travelers Cheques from a deceased owner, the executor or administrator of the deceased's estate must contact American Express and provide the necessary documentation, such as a death certificate, proof of executorship, and any other required legal documents. American Express will then guide the executor or administrator through the process of transferring the ownership of the Travelers Cheques.
Does the father or children of the deceased take precedence in making funeral arrangements?
What does the will say? Who is executor of the estate? Were any plans made by the deceased?
Can you be executor of estate with no assets in estate?
Yes. This can make sense in order to close out the debts of the deceased and prevent creditors from annoying surviving family members.
I am executor of my deceased parent's estate and also one of the named 2 children sharing the will and property so how can i give all ownership to my one sister if i am executor what forms do i need?
The best way is to create a deed of variation which would alter the distribution of the estate. Professional help should be sought.
Is the Executor responsible for paying credit card debt when the debt is being held by a collection agency there is a will the only asset is a home surviving children?
Yes, the Executor is responsible for paying off all the debts, or as many as possible, of the deceased using the assets of the estate. If the house has to be sold to settle the estate, then it must be sold.
Can an executor relenquish their rights and can another of the deceased children become executor?
Yes, an executor can turn down the responsibility. The court will appoint another person and would probably approve it without a second thought.
In Connecticut is a surviving spouse responsible for paying deceased spouse's medical bills?
Unless the survivor(s) signed some type of contract or agreement to be responsible for the deceased's medical bills, it is the deceased's ESTATE which is liable for the expense - NOT the survivors.HOWEVER: In reality, if the surviving spouse also happens to be the Executor of their deceased spouse's estate, they WILL, have to pay for whatever medical bills may be outstanding from the proceeds of the estate that they are administering.
