Yes. If you disagree you would need to file an objection to the court. There would be a hearing and the judge would decide if your objection was serious enough to stop the appointment. If so, another executor would be appointed. If the decision is not in your favor the sibling would be appointed.
You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.
You can't be the executor of an estate if the individual is still living. Property transfers are done the same as any other time.
An executor must be appointed by the court. An executor can sell the property of the decedent, after the debts have been paid, if that power was granted in the will or if the court has issued a license to sell.
The executor has the duty to preserve the estate in all aspects, including making money for it. The heirs' consent is not necessary.
Yes, but you would need the written consent of the life tenant.
No, an executor of an estate is legally bound to act in the best interests of the estate and its beneficiaries. Taking items from the home without consent from other siblings would likely be considered a breach of fiduciary duty and could lead to legal consequences. It is important for all decisions regarding the estate to be made transparently and with the agreement of all beneficiaries.
Legally, they cannot live in the house without the consent of the executor of the estate.
No, the executor has no right to change a will. Only the testator can change a will.
An executor cannot sell the life estate. If the sister was given a life estate she has the right to the use and possession of the property for life. The property cannot be sold without her written consent.
Yes. The Executor has full authority regarding the estate of the deceased. I have seen a few cases myself where the executor cremated the body, took the ashes to a private location, and never told anyone of that location. Obviously, however, the siblings could attempt to fight this in court.
Generally, in cases where a minor inherits property the court appoints a guardian ad litem to protect and oversee the child's interests in the estate. In the case of a sale of property by the court-appointed executor the guardian ad litem must consent to the sale.
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.