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Does the executor have the right to a key to the temporarily occupied home of decedent?
Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.
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.
Does an executor have the right to repair the deceased property?
Yes. The proper maintenance of the decedent's property is the responsibility of the executor until the property has been sold or distributed. If repairs are needed the executor can make the decision to have them done.
Can an executor deny a beneficiary access to financial accounts?
Generally, the beneficiary has no right of access to any accounts of the decedent. Only the court appointed executor has access and only when she/he has presented the Letters Testamentary that were issued by the court to the financial institution that holds the account. The duly appointed executor has authority over all the assets of the decedent. No assets can be distributed until the creditors have been provided with their statutory period during which to make a claim. After that period has passed the legacies and shares of any intestate property can be distributed. The executor can and must deny access to any accounts to anyone until the probate process has been completed. Remember that no one but the appointed executor has any legal right to access accounts that are in the name of the decedent. The executor must close the accounts and distribute the proceeds according to the will. That takes time. If the point where distribution can be made has been reached and the executor is not performing their obligations in a responsible and timely manner the beneficiaries can complain to the court.
Is executor responsible for deceadents debt?
The executor is only responsible for paying the decedent's debt up to the amount of the assets left. An executor sees that the funds available get paid to the right people. The funeral home is one of the first businesses that get paid.
Do you own your incorporation?
One does not own an incorporation. Incorporation is the process by which a corporation is created. In fact, one does not really own a corporation either. One may own shares issued by a corporation, perhaps even all of the shares, but ownership of even all the shares of a corporation does not mean that you own the corporation. Ownership of shares of a corporation merely gives you certain rights. These include the right to vote in the election of directors and the right to receive any dividends. A corporation exists independently from the shareholders, and is often referred to as an artificial person.
What rights do you have as a non-executor adult child of the decedent if the decedent's brother is executor?
The right to inherit has nothing to do with who was named executor. The right to inherit remains valid with all of the children. Consult a probate attorney that knows the laws for your state. ==Another Perspective== The court appointed executor has the obligation and authority to settle the estate. Only the executor has the power to manage the assets, transfer property, close accounts, sell real estate, etc. The executor must follow the provisions set forth in the will. However, all the powers of the office may be carried out according to the discretion of the executor without any interference by the beneficiaries. If the beneficiaries have questions concerning the executor's role they should first contact the attorney who is being paid to handle the estate.
Should executors of wills see proof of joint ownership of assets?
Not clear why an executor would be interested in any property that is jointly owned, with right of survivorship, as it would not be part of the decedent's estate.
Is tax payable on interest on a bank account opened by the executor of a will in order to deal with the estate?
Yes! Income in respect of a decedent must be included in the income of one of the following: * The decedent's estate, if the estate receives it; * The beneficiary, if the right to income is passed directly to the beneficiary and the beneficiary receives it; or * Any person to whom the estate properly distributes the right to receive it.
How do you prove you are the executor of estate and need to cash an insurance refund check?
When you were appointed the executor the court issued "Letters Testamentary" in your name. That is your legal authority to represent the estate and sign any checks made payable to the estate or to the decedent. You should bring a copy to the bank where the decedent had their account and speak to the manager about cashing the check. The bank may put a hold on the funds until the check clears. Once you are certain there will be no more checks issued to the estate you can then close the account. If the decedent had no bank account then you should seek advice from the attorney who is handling the estate. If you do not have "letters Testamentary" then you are not the duly appointed executor and have no right nor authority to cash the check.
Can the executor demand the key to my deceased mother's empty house?
Yes. Once an executor has been appointed by the courtthey have legal control over all the property of the decedent. If you don't surrender the key the executor can hire a locksmith to enter the premises and change the locks. Once the Will has been allowed in the probate court, and the executor appointed, you have no right to enter the premises without the permission of the executor.
If there is a executor over a will what rights does the spouse have?
A wife has legal rights whether or not she is the executor. Most states have a statutory provision under the doctrine of election. Under that provision, a wife can claim a statutory share of her husband's estate if her distribution under the will is less than she would receive by law. You should consult with an attorney in your state who specializes in probate to determine what your rights are under the laws of your state.As for the settling of the estate, the executor must be appointed by the court. Interested parties will be provided with an opportunity to object to the appointment of the named executor and the court will hear the objections. If the objections are serious enough the court will appoint a different person as executor. Once appointed by the court, the executor will have the power and authority to settle the estate under the provisions in the will and according to the probate laws under the supervision of the court.
