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What else can I help you with?
Can an estate executor deny your rights if you were included in a will?
Only if the assets of the estate are not sufficient to settle all the debts.
What are the creditors' rights on estates without wills?
They have the same rights as they have with an estate that has a will. The creditors file their claims with the executor.
What rights does an executor have to enter the premises of the deceased exercise the contents of the will?
They have full rights to the assets of the estate. They must be given access. They have to preserve the estate and have it evaluated.
Can executor pass responsibilities to attorney?
Yes. The executor can assign their rights to represent the estate by the appointment of an agent. That is frequently done when the deceased owned property in another state or when the appointed executor lives a distance from the court where the estate is filed.
What are the Beneficiaries rights in an estate?
"Rights" may not be the appropriate term. A beneficiary has a "claim" to the estate, arising from their inclusion in the will. Anyway, to get to your question, a beneficiary should be given a copy of the will, so that they may view their entitlement, and the entitlement of all the other beneficiaries. Also, the Executor should contact you and inform you of their progress administrating the estate. As a beneficiary, you may have legal recourse if you do not think the Executor is administrating the estate correctly.
In WI does said named executor have rights before the will is admitted to the court and if said executor does not open probate does he still have rights to execute the will?
No and no.
If there is a divorce in progess for the deceased and a child is appointed executor of the estate who has more rights the widow or executor?
The executor is the person who has the power and obligation to carry out the provisions in the will and perform all the duties necessary to settle the estate. The widow has no rights in that aspect of the estate. If the divorce decree was not yet entered at the time of death the widow will inherit according to the provisions in the will. In most states she can claim a statutory share if she is not satisfied with provisions made for her in the will.
What powers does an executor of a will have?
The executor has specific powers under the laws in every jurisdiction, once they have been appointed by the probate court. The testator can grant additional powers such as the power to sell real property without a license from the court.
The will states all deceased's children must agree on everything before six months is up. What rights do you have if the executrix is going ahead and not involving other children?
File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.
Can executor be forced to probate mineral rights to heirs in timely fashion?
Yes. A court appointed executor is obligated by law to settle the estate with expediency. However, the executor is bound by the speediness of the court where the probate is filed.
Can a executor evict his sister from their late parents' home if it jeopardize the sale of the house and there is no will?
There is no executor if there is no Will. The estate must be probated and the court must appoint an estate representative. That representative will have the power to request a license to sell the property. The representative should ask the attorney who is handling the estate how to handle the sibling who made their home with the deceased parent. The sibling has property rights and rights as a tenant.
If property is left to a beneficiary in fee simple can the executor sell it?
If property is left to a beneficiary in fee simple, the executor generally cannot sell it without the beneficiary's consent. A fee simple interest means the beneficiary has full ownership rights, including the right to occupy or sell the property. The executor's role is to manage the estate and distribute assets according to the will, but they do not have the authority to sell property that has already been transferred in fee simple to a beneficiary. However, if the will allows for it or if the estate needs to settle debts, the executor may seek court approval to sell the property.
