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Should sibling who is executor and is inheriting estate residual be able to get executor fees from other sibling who is inheriting most of estate in real estate?
Yes. There is a lot of work and responsibility involved in being the executor of an estate. The one sibling/beneficiary who is appointed should not be reqired to work for the other beneficiary for free. In some cases the executor may not charge the statutory fee, however, they should not be expected to work for free. The executor fee should be paid from the estate. If one of two sibling is inheriting real estate then they should make a cash contribution equal to one-half of the executor's fee.
What else can I help you with?
The Executor in a Will is deceased. Can a sibling of the deceased now be appointed?
The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.
What to do when all assets stolen by sibling before estate probated?
The executor or administrator of the estate should sue those people for the wrongful taking of the decedent's money. If the sibling who stole the money is the executor or administrator, you can bring an action in the probate court to have that person removed as executor or administrator and have another person appointed who would sue for the return of the money.
Should the executor provide all estate business to all sibling heirs during probate in order for each to make informed decisions about the estate and sale of deceased parent's home?
No. An executor is the person who has been officially appointed to settle the estate. The executor does not answer to the heirs and they do not direct the actions taken by the executor. They do not need the permission or involvement of the heirs. Although the executor may, at their discretion, encourage the interested parties to express an opinion regarding the sale, the executor has the legal power and authority to make the final decision.
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.
Is cash found in the home of the decedent considered property and should go to the person that gets the residual property Or should it go to those beneficiaries that are splitting the bank accounts?
It should go into the estate to be distributed appropriately. The executor will submit the plan to the court for approval.
Does the Executor answer to the beneficiaries?
The executor should operate in the estate's best interests.
When a parent dies and has two children and the estate is left to only one what does the other child do?
Legally, assuming duress was not used and the parent was of sound mind there is nothing the sibling can do who was cut out of the estate. Unless the disinherited sibling had some major character issues or had already borrowed his/her share of the estate prior; the sibling who has inherited the estate should split it. From personal experience with a spiteful relative I know this is the best course of action because: 1) It's the right thing to do. 2) The inheriting sibling wants a relationship with their sibling.
What happens if an executor changes a will?
An executor who makes any changes to the will is in violation of law and should be reported to the court that made the appointment immediately. They should be replaced as executor.
What happens when executor steals money and forges documents?
The executor should be reported to the attorney who is handling the estate and the court immediately. What you have described is criminal behavior and the executor should be prosecuted.
Can an executor's spouse insert themselves in executing a will?
Legally they have no standing to do so. Only the executor has the court order allowing them to act on behalf of the estate. The spouse certainly may influence them, but the executor still has to account to the court.
IHow do you seek restitution from an executor who violated the terms of the will?
You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.
Can a co-executor delay distribution of funds indefinitely?
No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.
