You can file an objection with the Probate Court and explain your objection to the judge. Once the judge has reviewed the objection he will render a decision. You may be able to purchase the property.
Yes, except when selling real property. In selling real property all co- independent executors must execute the document.
There is no such law. The executor has the power, from the court, to settle the estate.
Yes, they can lock them out. The executor must preserve the estate. That may include removing people from the property and selling it.
No, an executor cannot sell personal property that does not belong to the estate. The executor's authority is limited to managing and distributing assets that are part of the estate according to the deceased's will or state law. Selling property that is not owned by the estate could lead to legal consequences and potential liability for the executor. It is essential to properly identify and verify the ownership of assets before any sale.
No, not unless there is a POA or court order allowing him to do so. The executor has been appointed by the court and has letters of authorization for the handling of the estate's assets. In most cases, the executor will have to obtain court approval for sale of real property. To do so they will have to show the evaluation of the property and the sale price and show that it is a good deal for the estate. Once they have the court order, they are authorized to sign the appropriate transaction documents.
Report the theft to the police. It is a crime to take and sell things that do not belong to you.
In Florida, an executor does not have the authority to sell trust property. This responsibility falls to the trustee, who must follow the terms of the trust and state laws when selling trust assets. It is important for the trustee to act in the best interest of the beneficiaries and seek legal advice if unsure of how to proceed.
If the executor is in process of selling the car for the estate, I believe it would be proper for them to do that. The executor does not own it but it is their position to disperse the assets.
No, the executor does not have an interest in the real property. He is not selling it, the estate is. If he inherits the property, then he has an interest in it and there could be dower rights involved. That is an issue that varies from state to state. It would be best to contact a local probate attorney, one who is familiar with laws in your state, to answer that question.
Once they have transferred the property, it is no longer a part of the estate. If they try to sell it, they would be selling something they have no control over. They may be able to bring the property back into the estate, but it would take a court order to do so.
That's sort of the reason for having an executor, so that they can settle the estate. And that may involve renting property or selling it. They are accountable to the court for their actions.
Yes, are you thinking about selling your rental property?