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What else can I help you with?
What if the executor does not want to sell a house in the will?
There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.
Does executor of a will has to find unknown property of testator?
The executor must make a reasonable and diligent search for property. They cannot be "required" to find unknown property. The heirs and relatives should assist by notifying the executor of any property they have knowledge of.
Can an executor of an estate remove heirs from a property that is designated to be sold in the will if those heirs have paid the property taxes?
Yes, if the property was owned by the decedent and the Will provides that it be sold. In that case, the executor must carry out the provisions in the Will unless the provision is changed by a court order. It is assumed that there are other heirs besides the ones who paid the taxes on that property. The heirs who paid the taxes can file a claim against the estate for the amount they paid in taxes and they can offer to buy the property from the estate if they wish to keep it. They should speak with the attorney who is handling the estate.
Can land be surveyed without all heirs agreeing?
The actual act of surveying a piece of property can be conducted at anytime. It sounds as if the DIVISION of the property among the heirs is going to be in dispute. It sounds as if either the Executor of the Estate OR the Probate Court may have ordered the survey in order to determine an equitable split of the property among the named heirs.
Are all heirs responsible for taking care of property?
Normally yes all heirs are responsiably, unless one of them is appointed the executor the estate.
What can you do when all heirs to an estate are willing to sell the property except for one and he is the executor of the estate?
The executor is the person responsible for the estate. That includes making sure the property is sold for a proper amount.
Does a majority vote of heirs in an estate override an executor?
No. Not unless that power was granted in the Will. Otherwise, an executor is appointed in an estate in order to avoid such types of interference by the heirs. The court appointed executor has the legal authority to carry out the provisions in the Will and according to the probate laws for any property not mentioned in the Will. The heirs generally have no say in those matters.
Can property owned by a decedent be sold by anyone other than the heirs in the Will?
The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.
Can executor make no effort to sell the inherited propriety?
You haven't provided enough details.Have the heirs requested that the executor sell.Was the executor instructed to sell in the will.Was a license to sell issued by the probate court.Is the estate settled.If the executor was ordered to sell and hasn't made arrangements to market the property then you should complain to the probate court to compel them to carry out their duty or ask they be replaced. If the probate process is completed and the executor was under no obligation to sell the property, title has vested in the heirs and they can sell the property.
Can probate be closed if all heirs dont cooperate?
The executor can work at closing off the will without any requirement of the heirs to cooperate. As long as the executor can justify the distribution of the assets, the court can approve the proposal of distribution.
Who signs for the sale of a house to be split between the 3 heirs when one of the heirs is the executor only the executor or all 3 heirs?
The executor has the Letter of Authority to conduct the sale. No one else has to be involved.
No executor do heirs have the right to appoint one?
The heirs have the ability to nominate an executor. If the court agrees, they will issue the letter of authority.
