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The will must be admitted to probate. The executor must be appointed by the court. Then, the executor must do something that violates their legal responsibilities. That could take months or that may never happen. You seem to already have something in mind.

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14y ago

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Related Questions

Does a Beneficiary have the right to enter a willed home?

Not until authorized to do so by the executor. The property belongs to the estate and the executor must protect the property.


Can executor of will change beneficiary after death?

Can an executor of will change beneficiaries before or after death


Can the executor of estate in trust force on-site beneficiary to move after death of testator?

They do have that ability. They can also charge rent for living there.


How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?

The executor can file a resignation with the court and you would petition for appointment as the successor.


Can the beneficiary of a will change the executor after the death of the person who raised the will and is now dead?

The beneficiary has not control over the will. The court will determine who the executor will be.


What happens when a beneficiary of a will dies before his or her share of the inheritance can be distributed?

If there are no stipulations in the will as to what should be done in the event one of the beneficiaries should die, then the state probate succession laws apply. The executor should contact the probate court for instructions as to the manner in which the deceased beneficiary's share of the estate is to be distributed.


Are annuities with named beneficiary considered part of the estate at death And is the executor entitled to a commission on that annuity?

No. When the decedent arranged for an account to pass to a named beneficiary on death the proceeds pass directly to the beneficiary upon the death of the decedent. Those proceeds are not a probate asset and this are not part of the probate estate.For computation of tax purposes, the proceeds are counted in the gross estate. However, most estates in the US do not reach the threshold for paying an estate tax.


Can a non family beneficiary keep you out of family member's home right after death?

A non-family beneficiary cannot typically keep family members out of a deceased person's home immediately after their death unless they have legal authority, such as being named as an executor or having power of attorney. Generally, the estate must go through probate, and family members often have rights to access the home to handle affairs related to the estate. Local laws can vary, so it's advisable to consult a legal professional for specific situations.


Can an executor keep a death benefit by law without being named as a beneficiary?

The court appointed Executor of a will is entitled to payment or monetary compensation for taking on the task of performing the executor's duties. Generally, there is a statutory rate depending on where you are located. A death benefit that has no named beneficiary would be paid over to the estate. The Executor can pay herself the statutory rate out of the assets of the estate the same as payment of any debt, before any assets can be distributed to the heirs.Apart from statutory compensation that is reported to the court, the Executor is not permitted to simply take any assets and convert them to her own use.


Can a relative get funds from a deceased relative if they have a death certificate?

No, the relative would need to be included in the will, be named as a beneficiary or power of attorney, or be owed money by the estate. The executor of the estate will be in touch if any funds are available.


Can i take a death certificate to a bank and retrieve money from the deceases' account?

No. You need proof that you are the executor of the estate.


Can the executrix sell a house that is in the estate without permissin of other beneficiaries?

Yes. The court appointed executor doesn't need "family permission" to perform their duties. THose duties are performed according to the provisions in the will and the state laws under the supervision of the probate court. The family need to step back. The authority to sell real estate can be granted in the will or the executor can request a license to sell the real estate from the court. The purpose of appointing an executor is to avoid the "family" interference in probating the estate that can cause serious family schisms after a death in the family. It is a frequent problem after a death in the family.If the family wishes, unanimously, to keep the real estate they should discuss it with the executor and as long as there are no objections and no debts that require its sale they should be able to retain it unless the testator ordered that it must be sold.You should consult with the executor and the attorney who is handling the estate.Yes. The court appointed executor doesn't need "family permission" to perform their duties. THose duties are performed according to the provisions in the will and the state laws under the supervision of the probate court. The family need to step back. The authority to sell real estate can be granted in the will or the executor can request a license to sell the real estate from the court. The purpose of appointing an executor is to avoid the "family" interference in probating the estate that can cause serious family schisms after a death in the family. It is a frequent problem after a death in the family.If the family wishes, unanimously, to keep the real estate they should discuss it with the executor and as long as there are no objections and no debts that require its sale they should be able to retain it unless the testator ordered that it must be sold.You should consult with the executor and the attorney who is handling the estate.Yes. The court appointed executor doesn't need "family permission" to perform their duties. THose duties are performed according to the provisions in the will and the state laws under the supervision of the probate court. The family need to step back. The authority to sell real estate can be granted in the will or the executor can request a license to sell the real estate from the court. The purpose of appointing an executor is to avoid the "family" interference in probating the estate that can cause serious family schisms after a death in the family. It is a frequent problem after a death in the family.If the family wishes, unanimously, to keep the real estate they should discuss it with the executor and as long as there are no objections and no debts that require its sale they should be able to retain it unless the testator ordered that it must be sold.You should consult with the executor and the attorney who is handling the estate.Yes. The court appointed executor doesn't need "family permission" to perform their duties. THose duties are performed according to the provisions in the will and the state laws under the supervision of the probate court. The family need to step back. The authority to sell real estate can be granted in the will or the executor can request a license to sell the real estate from the court. The purpose of appointing an executor is to avoid the "family" interference in probating the estate that can cause serious family schisms after a death in the family. It is a frequent problem after a death in the family.If the family wishes, unanimously, to keep the real estate they should discuss it with the executor and as long as there are no objections and no debts that require its sale they should be able to retain it unless the testator ordered that it must be sold.You should consult with the executor and the attorney who is handling the estate.